Introduction
The process of divorce legally terminates a marriage, but there may be situations where one party is not willing to undergo a divorce. In the state of New York, it is possible for a divorce to be granted even if one party refuses to proceed with the proceedings. However, there are certain circumstances under which a divorce can be refused.
Grounds for Divorce
New York follows the no-fault divorce system, which means that neither party needs to prove fault on the part of the other to file for divorce. Instead, a divorce can be granted based on the grounds of irretrievable breakdown of the marriage for a minimum period of six months. This implies that if both parties mutually agree that the marriage is irreparably broken, a divorce can be granted.
Contesting the Divorce
However, if one party contests the divorce, the case may become more complex. In such situations, the court may require evidence to determine whether the marriage has genuinely irretrievably broken down. The party contesting the divorce can also present arguments stating that the divorce should not be granted for other valid reasons.
Refusing the Divorce
Occasionally, one spouse may wish to refuse a divorce in an attempt to prevent it from happening. Nevertheless, in New York, once the grounds for divorce have been established, it is not possible to refuse a divorce. If one party desires a divorce and can demonstrate that the marriage is irrevocably broken, the divorce will be granted irrespective of the other party’s opposition.
Legal Representation
Having legal representation is crucial when dealing with a divorce, particularly if one party intends to contest or refuse the divorce. An experienced divorce attorney can provide valuable guidance on how to approach the situation and ensure the best possible outcome is achieved.
Conclusion
In New York, refusing a divorce after the establishment of the grounds for divorce is not permissible. However, a party can contest the divorce based on other factors, which can add complexity to the process. Engaging the services of a skilled divorce attorney is vital to achieve the most favorable outcome in such situations.