In the United States all jurisdictions have some variation of no fault divorce as the law of the land. This makes it difficult if not impossible to avoid a divorce if the other spouse wants to dissolve the marriage. Prior to no-fault divorce, parties had to allege sometimes hurtful and untrue things about each other to end the marriage. The decision made by legislatures across the country was designed to try to make marriage dissolution less acrimonious. It was also hoped that post-marriage relationships between former spouses, especially when children were in the equation, would work more smoothly if fault no longer had to be proven.
No-Fault Also Means No Contest
Because of the passage of these laws there exists no way to completely stop a divorce proceeding if one spouse is determined to see it through. The spouse who does not want to divorce can slow the proceedings down in a variety of ways, but legally no defense exists to a divorce petition under no-fault laws. Eventually the marriage will legally end.
Try Counselling
As the statutes are now written in such a way that no legal remedy exists for the spouse who does not want the marriage to be dissolved the only hope may be to change the mind of the other partner. If you have not explored working with a professional to try to save your marriage now is the time.
When your spouse will not even participate in counselling with you, many times you can profit from going to counselling on your own. It is possible that discussing the situation with a person trained to evaluate dysfunctional relationships will have some tips to help you approach your spouse in an effective way. It may also be that you will come to terms with the impending divorce and protect yourself rather than trying to deflect or deny the situation.
How Can You Protect Your Rights During An Unwanted Divorce
Just because you cannot stop the divorce does not mean you have no say in the outcome. The least constructive thing you can do when served with marriage dissolution papers is to ignore the action and hope it will go away. No fault divorce laws also exist to protect the rights of both spouses, but allowing your partner free rein in determining the practical outcome of the dissolution as you focus upon resisting the idea of the divorce may result in your missing out on the settlement you deserve.
Carefully read the papers served upon you and contact a competent attorney to help you understand them. Formulate your answer with the assistance of your attorney to ensure that your legal rights are fully protected. Generally speaking a martial dissolution will be binding once issued unless there is a mistake of law or one or the other party lied or withheld pertinent information. Waiting until after the inevitable happens is not a wise course. Work with your attorney and the court to ensure the fairest decision.
