Two Times When You Might Not (Immediately) Get That Divorce

Law Blog

No-fault divorce is now the law of the land, with all 50 states allowing for a no-fault divorce if at least one spouse says the marriage can't be saved and they want out. This has made legally ending a marriage much, much easier, especially for women, because proof of various underhanded deeds like adultery is no longer required.

Still, there are two times when a request for a no-fault divorce might be denied. You can avoid denial by ensuring you hire a divorce lawyer and make sure all forms are completed correctly. One might not be as easy to avoid depending on what state you file in.

Watch Out for Technicalities

First, technicalities can stop even the simplest and most obvious of divorces. If you forget a form, for example, or you have just moved to a new state and don't yet have official residency there, the judge can deny the divorce. That doesn't mean you can't file again; you just need to do it correctly the next time. If you have a lawyer handle the paperwork, you will have a better chance of getting that divorce approved.

Off to Counseling You Go

Sometimes a judge will not approve a divorce request, instead, ordering both spouses to marriage counseling. This is possible in two situations:

• The judge thinks the marriage actually can be saved and that there may be a misunderstanding or communication gap that can be solved, and they want you and your spouse to investigate that first before actually divorcing.
• Your state may actually require it if one spouse requests it. States like Arizona allow one spouse to invoke what's called conciliation court jurisdiction, requiring counseling before the divorce can proceed.

This counseling does not mean that you'll never be allowed to divorce. Speak with your lawyer about how long you'll have to go and at what point you can simply demand a divorce.

Sabotage Isn't an Option

Keep in mind that no-fault divorce requires one person to want a divorce. The other person can't refuse a divorce or try to sabotage the effort by not signing papers. The divorce becomes more complicated in those cases, but it can still eventually proceed.

In any case, you really do need to have a good divorce lawyer on your side, even if the divorce is amicable and mutual. Don't let a technicality sideline your desire to end the marriage.

Reach out to a local no-fault divorce lawyer to learn more.

19 March 2021