Wednesday, October 11, 2006

Can I stop my spouse divorcing me?

No

How do I stop my spouse divorcing me?


There are very limited circumstances in which you can stop a divorce.


If a petition is based upon 5 years separation the Respondent may be able to object on the grounds that the divorce will result in grave financial hardship or other hardship and that it would be wrong in all the circumstances to grant a divorce. The facts need to be specific.


In all other cases, objecting to the divorce and filing an answer (defence) and/or your own petition will make the divorce more expensive, more painful and more time consuming but it
will not stop it happening!!!!!!!!!!!!!!!!!!!!!!!


If you think about it, filing a bare defence states that the marriage has not irretrievably broken down. The parties are in court and one party has made allegations concerning the other's behaviour. The other party not only has to show that these allegations are incorrect "I'm not untidy, I always hang my coat up" type thing, but also that the marriage is still intact. How is this possible? Why is your spouse trying to divorce you as if your marriage isn't worth a tin of beans?


The alternative, to accept that the marriage has broken down, but it's because of your behaviour not mine, tit for tat, will result in a divorce, the opposite of what you wanted!!!!!!!!


Reconciliation


The only way is to persuade your spouse that a reconciliation is in order. Sounds expensive, but not as expensive as a divorce!!!!!!!!!!!!!!!!!!!

1 comment:

Mr said...

Also with behaviour petitions, it is most often advised to put that you do not intend to defend but that you do not admit the allegations contained in the particulars. This means there will be no finding of fact on the allegations, so they cannot be used in other proceedings.