The choice to marry is one that you can make freely and even without much thought if you'd like. Divorce, on the other hand, is not quite the same. Divorce should be a well-thought-out process, and not just in terms of your relationship, but also because the court requires it. Any discrepancies in this area can lead to a denial of a divorce.
Meeting All Requirements
When it comes to legal proceedings, the small details are just as important as the seemingly larger ones. First, in order to file for divorce in a particular county or state, you must be a resident. If you and your spouse have separated and you moved somewhere else and established residency, you typically cannot file in the area where you two used to reside.
Second, a judge will not even attempt to hear a divorce case until both parties have been notified, through a serving notice, and then there must be evidence of this process. You cannot hope to get a divorce without at least attempting to tell your ex what you are doing.
Proving Grounds for Divorce
The court needs to know why you want a divorce. Again, the choice is ultimately yours, but the court does need to have grounds for divorce on file, along with your proof of the claim. Common grounds include adultery, abuse, and irreconcilable differences.
Proof for adultery would be evidence of the extramarital relationship, such as the birth of a child. For abuse, arrest records or domestic violence reports from a therapist could help. When it comes to irreconcilable differences, proof that you two attended counseling to try to fix your issues might help. Whatever the case, if you make a claim and can't back it up, the divorce could be denied.
Serious Negotiating Issues
A judge can also dismiss a divorce without prejudice if you and your ex keep running into serious negotiating issues. Not just issues with sorting out the specifics of the dissolution of your assets, but petty disagreements that could be avoided if you two would communicate and comprise.
Frequent outburst in the courtroom and a routine failure to attend hearings or conferences will work against you in this type of scenario. A judge could rule that the divorce is denied and require that you not refile until you're ready to move forward and be cooperative.
If you truly do not want to be a part of your marriage anymore, the court will not force you to stay in the situation. However, it's important to understand that a judge does have certain requirements and the power to halt the process. Speak with attorneys like those at the Law Offices of James Jackson to learn more about divorce denials.
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