Brooklyn, NY – Some people are surprised by a divorce filing from their partner if they thought their marriage was going well. A number of different emotions tend to accompany divorce, and some people simply want their married life to remain without having to make any significant changes. Unfortunately for people in this situation, if at least one spouse chooses to go through the formalities to end the union, there is not a way to stop the process.
Rules related to divorce procedures
As a general rule, if the other partner has started the paperwork to end a marriage, there is nothing that a spouse can do to stop their marriage from ending in any state. This is mostly due to the fact that all states in the country now allow for a no fault divorce. After basic residency requirements have been met, one or both spouses can say that they feel the marriage has broken down and they do not want to be together anymore. There is not really a legal defense or doctrine that puts a stop to a no fault divorce. The party who filed the divorce documentation can choose to withdraw their petition early on in the process, but it is rare that this will happen.
A few states in the country have passed laws that make conditions for both marrying and separating more strict to discourage divorce called a covenant marriage. However, New York does not allow covenant marriages, and even in the three states where it is legal, very few couples have chosen to enter into a covenant marriage. As a practical matter, this is not a realistic option for a person in New York to stop a divorce from happening.
Being unprepared for a divorce
As soon as a divorce is approaching, both spouses should have their own legal counsel. A spouse who is more concerned with trying to save their marriage when it is not realistic to do so may end up in a very bad situation. Issues like property division and child custody hearings will happen, even if one spouse is not represented or prepared to defend their interests. For this reason, a person who is reluctantly getting divorced should still have legal advice and representation in court. The alternative may be a very lopsided divorce settlement or division of assets that leaves one person in a bad position after the marriage ends.
Divorce lawyers are available in New York
Elliot Green Law Offices helps local clients in the Brooklyn area with their divorce cases and various related issues. Anyone who wants more information from a licensed family attorney can get in touch with the firm.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201