Is it possible to refuse a divorce? – So you were just sent a legal notice for divorce. Can you refuse it?
Believe it or not, yes you can. When most people are faced with this situation, they immediately think they only have two main choices: fight the case in court, which is basically saying they accept the divorce but prefer to have a voice in how assets are divided, custody is shared, etc., or ignore it and passively agree to the terms of the divorce.
Essentially, the divorce is going to happen no matter what – all you’re doing is deciding how it plays out.
This blog post is meant to make our readers and clients aware that just because you have been served with a notice for a divorce doesn’t mean you should be resigned to the fact you will be getting a divorce. If you don’t want to get a divorce from your spouse, you could object to the grounds of the divorce.
What are grounds, anyway?
Grounds for divorce essentially means that you and/or your spouse must plead and prove at least one legally sufficient reason (grounds) for why the marriage should end. This is important because it gives the court a chance to take those facts into consideration when dividing the community estate. Grounds for divorce are required in ceremonial and common law marriages and are divided into “fault” and “no-fault” grounds.
You can read more in depth about each of the acceptable forms of grounds here, but below are just a few of them:
- Insupportability
- Confinement in a mental hospital
- Adultery
- Abuse
- Conviction of a felony
- Abandonment
Objecting to the grounds for divorce
If you don’t want to get a divorce from your spouse, you can object to the grounds of the divorce. The court will then have a hearing to prove whether the grounds for the divorce outlined by your spouse are valid or not.
If the grounds outlined are not valid, the court can dismiss the divorce petition.
Call Nelson Law Group today!!
Give our knowledgeable staff here at Nelson Law Group, PC a call if you have any further questions regarding this – or any other – issue. Our staff is always available.
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