If one person does not want to get a divorce, but one party in the relationship does and it is a no fault divorce, then the spouse cannot stop 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 condones that a spouse is having an affair files for a 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.
Connivance is the setting up of a situation so that the other person commits something to jeopardize the marriage. One type of situation to explain is if a woman sets up her husband in a situation where he is alone with his mistress. This is known as a set up and it is an argument that one can make in court to defend their actions.
Provocation is the inciting of a spouse to do a certain act. If a spouse is suing 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 does 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 happen and put an end to the marriage.
Need divorce advice for your specific situation in Pennsylvania? Contact Dan McIntyre of Law Offices of Daniel McIntyre, Pittsburgh PA 412-835-5395
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