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Can You Legally Stop Divorce?
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For those who are served with divorce papers from their spouse, the next question is: can you legally stop divorce? Unfortunately, there are people who are oblivious of the problems in their relationships, while there are others who believe that they can still resolve the issues that are encountered within their marriage. Still, there are those who do not believe that divorce is the sole solution to the problems that they have as husband and wife. For these people, it is important for them to know and understand that there is a possibility to stop the divorce case filed by their spouse.

However, legally, one cannot stop their spouse from filing a divorce case because if a person really intends to divorce his/her spouse, it will most likely be granted to them. Existing laws allow married couples to file for divorce as long as the legal process is met. Some people mistakenly think that as long as they do not sign the divorce papers, the divorce proceedings will not take place. The respondent is typically given 30 days from the time the divorce papers are served. Failure for the respondent to sign and return the papers within the 30-day period won’t halt the divorce case. In fact, the issuing party can then file for a contested divorce case.

But there are ways in which you can freeze the divorce proceedings, or at least stall it a bit to give your partner the time to really think things through. The best way to do this is to have a heart-to-heart talk with your husband and if this fails, talk to your lawyer since they are the most knowledgeable ones when it comes to these issues. Since every state has different ways of seeing problems as these, it is also important that you have sound advice on divorce cases.

Can You Legally Stop Divorce?

1. If you were the one who filed for divorce, and you decided not to proceed, especially when your spouse has not yet submitted his/her response, you can actually voluntarily file for dismissal of the case. What you can do is visit the office of the clerk of court where you have filed for your divorce case. Usually, the clerk of court will ask you to submit a new document stating the reason for your request to dismiss the case.

2. Talk to your partner. If it would be easy for you to talk things through with your spouse not to proceed with his/her actions, then do it. Sometimes, everything just boils down to communication. Since several of those who wanted to divorce have communication problems, talking to your partner might be a way for both of you to see the light and give the relationship one more try.

3. If it is hard for you to talk to your partner, request to have someone who can act as a mediator. In several jurisdictions, it is allowed to enter into divorce mediation process first before the case is litigated. By having a divorce mediator, it is possible for the husband and wife to reconcile. So if the intention is to explore the possibility of reconciliation, ask your partner to consent to it.

4. You can try challenging the reasons of the divorce. Especially when your partner has filed for a fault divorce, your partner may need to prove that the grounds that he mentioned are met. If your spouse has failed to prove the existence of these faulty grounds, you can challenge it in such a way that your partner cannot prove your liability and ask the court to dismiss the divorce case your spouse has filed.

Can you legally stop divorce? Unfortunately, you can’t. You can delay the process, but if your partner really wants one, he/she is entitled to it. You really cannot force your spouse to stay married to you.

Street Talk

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