Can You or Your Wife Stop the Divorce?




I have been asked this question by several people, and the short and simple answer is No. If you or your wife is set on getting a divorce, then there is really no way that is can be stopped. This in itself is known as irreconcilable differences, which is probably the most common cause of divorces in the U.S.

Currently, most states have no-fault divorce laws in effect which means there does not have to be any better reason than one of the spouses being unhappy in the marriage in order for the judge to grant a divorce. So even if you or your wife refuses to sign divorce papers, attend any of the hearings, and/or tries to ignore the divorce altogether, it will not prevent the divorce from happening. It will delay it, make it more expensive, and probably piss a lot of people off, but it will not change the outcome.

Now, if you live in a state that still recognizes at-fault divorces, and then the reason for the divorce can be fought. You or your wife can hire expensive divorce attorneys, and bring in credible witnesses and fight the accusations, but in the long run it may not make that much of a difference.

Let say that your wife is accusing you of having an affair and is trying to use that as the sole basis for the divorce. Even though you know that you are not having an affair and can prove it in court, really the only thing that you can accomplish by fighting this is to clear your name. Ultimately, the judge will recognize the the marriage is not working out and will ask your wife if she wishes to be granted a divorce. If she says yes, then there is really nothing that you can do to stop her.

To make a long story short, if someone is unhappy in a marriage and does not want to try and work things out, then they have the right to be granted a divorce. No judge will force someone to stay married, because more than likely they will be back in the near future with another claim or reason why they want a divorce.



Comments

Can You or Your Wife Stop the Divorce? — 1 Comment

  1. Divorce causes major issues with health insurance benefits. Many families have employer provided and/or paid for health insurance benefits that cover the entire family. It is not uncommon to see situations where the other spouse is a stay at home parent, with absolutely no access to health insurance benefits, or employed at a job with either no health insurance benefits available or those benefits available at a substantial cost. After a divorce, the spouse with the family health insurance coverage can no longer cover the other parent. They are no longer “family” members who can take advantage of one health insurance policy. How to then ensure that everyone stays insured does become an issue for negotiation and/or divorce litigation..`

    All the best

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