The Attorneys Of Stewart Sorice Farrell Finoli And Cavanaugh LLC

Can I stop my divorce?

On Behalf of | Mar 6, 2020 | Divorce |

If your spouse files for a divorce but you do not want to go through with it, you may have some options to stop it. Before doing this, though, you should try to speak with your spouse first. Perhaps you can work things out without having to involve the court. If this does not work, you can try the legal means to stop the divorce. 

According to the Pennsylvania Bar Association, if you do not want a divorce, stopping it depends on the grounds your spouse used when filing. The state provides two options for the grounds for divorce: fault or no-fault. 

Fault divorce 

If your spouse used grounds for your divorce to show that there is a reason for the divorce beyond incompatibility, then it is a fault divorce. In this situation, your spouse must prove the claims. He or she must show injury and prove his or her innocence in the claim. If you can prove the facts are not valid or the claims your spouse makes are otherwise false, then you could successfully block the divorce. 

No-fault divorce 

A no-fault divorce does not require proving someone is at fault for the breakup of the marriage. However, to request a divorce on these grounds, your spouse must show that your marriage is irreparable and that you lived apart for at least two years. If you can prove that you did not live completely apart, meaning separate lives, for at least two years, then you may be able to fight this type of divorce. 

Because every case is different, your attorney may also be able to offer you options to stop the divorce proceedings. You should discuss your desires and see if you have the ability to desist divorce through legal measures. Keep in mind that you may not be able to cease proceedings, so you should be mindful of that even when trying to oppose it.