When one person does not want a divorce, but one party in the marriage does, and there is no mistake in the divorce, then the spouse can not stop the divorce. This is called an irreconcilable disparity, a rationale for a divorce.
A spouse can prevent a divorce from being wronged by convincing the court that he or she is not at fault. This is something they’d have to prove, and it’s up to the judge to make a decision. There are other way of defending a divorce from proceeding on that may also be a choice in some circumstances.
If a man or woman who condones that his or her spouse has an affair filed for divorce, the partner may contest the divorce of his or her fault by arguing that the spouse knew the matter and condoned the action. This is a way for a person to defend himself or herself in court.
Connivance is a situation in which the other person commits something to potentially harm the marriage. One type of situation to explain is if a woman sets her husband in a situation where he and his mistress are alone. This is known as a set up, and it is a possible argument in court to argue their case.
Provocation is an incentive for a spouse to act in a certain way. If the spouse sues for divorce and claims that the other spouse has abandoned them, the other spouse may defend their suit because they have been provoked by abandonment. Collusion is when a couple lives in a state where no fault of divorce requires a couple to separate for a while and a couple doesn’t want to prolong the situation. This may lead the couple to mislead the court and to falsely claim that one of them has been at fault just to get out of the marriage.
These defense mechanisms are not usually used for a few different reasons. Proving a defense may require witnesses and involve a great deal of time and expense. Your attempts will usually have nothing to do with the situation. Odds are, a court will eventually grant a divorce. A person should not have to stay married if he or she does not want to. The law is designed to give people the opportunity to get out of their marriage if that’s what they really want to do. If you’re involved in a marriage that you don’t want to be in any longer, it can be a complicated process to get through, but you can actually make a divorce happen and bring an end to a marriage.