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Can Divorce be Prevented?
If one side of the party does not want a divorce, but one party in the relationship does and it is a no fault divorce, then the spouse cannot put an end to the divorce the divorce. This is called an irreconcilable difference and is a justification for divorce.
A spouse can prevent a fault divorce by convincing the court that he or she is not at fault. This is something that they would have to prove and it is up to the judge to decide. There are other additional ways to defend a divorce from happening may also be a choice for some situations.
If a person who is aware of and permitting an affair to go on files for divorce, the spouse may contest the fault divorce by arguing that the spouse knew of the affair and condoned the action. This is one way for a person to defend himself or herself in court.
There are times when one member of the relationship sets up a situation so that the other person does something to jeopardize the marriage. One kind of situation to explain is if a women sets up her husband in situation where he is accompanied by the woman he has been involved in an affair with. This kind of set up can be used as leverage in court for an individual to defend their actions.
Provocation is another way that one might fight against a divorce. If a spouse is filing for divorce and claims that the other spouse abandoned them, the other spouse might defend their suit because they were provoked by the abandonment. Collusion is if a couple lives in a state where no fault divorce requires that the couple separate for a time and the couple doe not want to prolong the situation. This may lead the couple to mislead the court and pretend that one of them was at fault just to get out of the marriage.
These above defenses are not usually used for a few different reasons. Proving a defense may require witnesses and involve a lot of time and expense. Your efforts will usually bring nothing to the situation. Chances are that a court will eventually grant the divorce. A person should not have to stay married if they do not wish too. The law is designed to give people the opportunity to get out of the marriage if that is what he or she really wants to do. If you are involved in a marriage that you don't want to be in any longer, the process can be hard to get through, but you can make a divorce really happen, and put an end to the marriage.
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