If you’re thinking about a divorce but are worried your spouse will try to prevent it, you may try to get creative. Instead of doing something that will come back to haunt you, speak with a family lawyer who can walk you through the legal process.
A no-fault divorce is a pretty safe route to take if you are worried about your spouse putting up a fuss. With a no-fault divorce, many people cite “irreconcilable differences” as the reason for the dissolution of marriage. An objection to a divorce is an irreconcilable difference, so it becomes the perfect justification for a divorce.
A fault divorce may require a bigger fight, but has some paybacks if that’s the situation you find yourself in. Perhaps your spouse committed adultery, was physically or emotionally cruel, was confined in prison for a set amount of time or didn’t disclose an inability to have sexual intercourse. Those are all common reasons for a fault divorce, but it’s not always that easy. The following are three ways your spouse may try to prevent you from entering into a divorce decree.
When someone provokes a spouse to do the act upon which the other is suing for divorce, that spouse can claim provocation. For example, if a wife consistently challenged her husband to commit adultery, even offered him money to do so, and then he did it, the husband could claim she provoked him.
When one spouse approves of the other’s “faulty” activity, they are condoning it, and that is a reason to prevent a fault divorce. For example, a husband who promises to stand by his incarcerated wife, even believes she did not commit the crime, and visits her every day might be told he condoned her prison confinement. That could be a reason to prevent a fault divorce decree.
When someone sets up someone else, they have connived to get the other person in trouble. This is sometimes grounds to prevent a fault divorce. For example, a husband who asks his attractive buddy to stay at his house and flirt with his wife while the husband is out of town has connived against his wife. If she then commits adultery and the husband claims she is at fault for divorce because of it, the wife can claim connivance.
Keeping It Legal
To ensure everything in your divorce is handled correctly and legally, contact a family lawyer today for assistance. A spouse can prevent entry of a divorce decree, though it might be a drawn-out process, so you should have a legal professional at your side.