Can I Oppose a Divorce?

Yes, in many jurisdictions, you can oppose a divorce, though the grounds for opposition vary. Divorce laws have evolved over time. Many states now have “no-fault” divorce laws, meaning that neither party needs to prove wrongdoing. Contact a Glendale divorce lawyer for legal assistance in your case.

Opposing a No-Fault Divorce

In no-fault divorce states, the primary ground is usually “irreconcilable differences,” which indicates the marriage has broken down irretrievably.

Even in no-fault states, you can contest certain aspects of the divorce, such as property division, child custody, or spousal support.

Contesting an At-Fault Divorce

In states that still recognize “fault” divorce, you can oppose on the grounds that the stated fault (such as adultery or cruelty) did not occur. It is more difficult and complicated to contest a divorce in no-fault states.

Typically, the court will grant the divorce if one spouse states that the marriage is irretrievably broken, regardless of the other spouse’s feelings. However, you can contest the financial and custodial terms.

The Main Reasons Divorces are Contested

Divorce. It’s rarely simple. Some couples sail through an uncontested split, agreeing on pretty much everything. But more often than not, emotions run high, and disagreements turn a divorce into a real battle. So, what sparks these contested divorces?

Asset Division

Asset division is a huge one, generally speaking. Figuring out who gets what can be surprisingly complex. We’re talking about houses, cars, bank accounts, and the household and businesses. It’s not just about splitting things 50/50 either. Sometimes, it’s a fight over what’s considered “marital property” versus something one person owned beforehand. And then there’s the question of what things are actually worth. Getting it valued can be difficult.

Child Custody

Then there’s the kids. Child custody and visitation can turn even the most amicable exes into rivals. Where the children live, who makes the big decisions about their lives, and how often each parent sees them – these are all potential flashpoints. It’s always supposed to be about what’s best for the children.

Alimony or Spousal Support

Alimony, or spousal support, is another frequent point of contention. One person might think they deserve financial help from their ex, while the other might disagree completely. The length of the marriage, each person’s income, and the lifestyle they had together all play a role. Figuring out a fair amount, or even if it’s warranted, can be a major sticking point.

Temporary alimony, also known as pendente lite alimony, may be granted when a divorce is in progress. When the divorce is finalized, an order may or may not be issued.

Child Support

And, of course, child support. Both parents are legally responsible for supporting their children, no argument there. But calculating the right amount can be complicated. What counts as income? What about childcare costs, medical bills, or special needs? And what happens if circumstances change? Disagreements pop up.

Debt Management

Don’t forget about debt. Just like assets, debts racked up during the marriage need to be divided too. Credit card bills, mortgages, loans and so on. Who’s responsible for what? It can be a real mess, especially if one person ran up a lot of debt without the other knowing.

Other Allegations and Disputes

Beyond all that, other issues can muddy the waters. Allegations of misconduct or abuse, disputes over legal fees, or even challenges to a prenuptial agreement can all lead to a contested divorce. Every case is unique. It can get messy quickly. If you’re facing a divorce, talking to a trusted family law attorney experienced in divorce is a good idea. They can help you understand your rights and navigate the process.

Challenging the Division of Property

Challenging the fairness of property division, as noted, is a common reason to oppose. You can present evidence that the proposed distribution is inequitable. This may involve providing financial records, appraisals, or other documents to support your case.

Contesting Child Custody Arrangements

Similarly, you can oppose the proposed child custody or visitation arrangements. To challenge the custody arrangement, you can present evidence. This evidence provides proof of your ability to parent and create a stable, nurturing environment for the children.

Disputing the Accuracy of Financial Information for Support

You might also challenge the accuracy of financial information provided by your spouse, which impacts support payments. Maybe some of the information they’re providing does not fully cover their earnings and their ability to support you financially.

Why You Need a Family Law Lawyer to Oppose a Divorce

Opposing a divorce involves legal procedures that may require hiring a divorce attorney to represent your interests. This typically includes filing formal responses with the court, attending hearings, and presenting your arguments and evidence. It is important to understand your jurisdiction’s laws.

Legally speaking, actually preventing a divorce in a no-fault state is an uphill battle. Courts aren’t generally in the business of forcing people to stay married if one party feels the marriage is over. That said, you can have a real impact on how a divorce plays out by understanding which aspects remain open for debate.

The Timing of the Dissolution

Timing, for instance, can sometimes be used to delay the divorce. Many states have waiting periods or require separation before a divorce is finalized. These rules, originally intended to encourage reconciliation, rarely stop a divorce entirely, but they can buy time for counseling or negotiation.

Is Everything Transparent Financially?

Then there’s the issue of financial transparency. If you think your spouse is hiding assets or income, you’re within your rights to challenge the proceedings until everything’s on the table. This could involve requests for documents, depositions, or even hiring an accountant.

Where Do You Live?

Jurisdictional battles can also pop up, particularly when couples have ties to multiple states or even countries. Since different jurisdictions can have vastly different approaches to property division or spousal support, figuring out which laws apply can become a significant and contested issue. This issue can have major financial implications.

Before heading to court, many court systems now require alternative dispute resolution, also called mediation and collaborative law. These approaches, while not forcing anyone to agree, often lead to compromises that are more palatable than what a judge might impose.

Don’t Let Your Emotions Take Over the Proceedings: Work with a Divorce Lawyer

It’s important to recognize that opposing a divorce, while sometimes necessary, comes with emotional baggage. Delaying things with legal tactics might escalate the financial and emotional strain on everyone involved. Talking to a seasoned divorce attorney can help sort out legitimate legal concerns from the emotional difficulty of letting go.

Contact a Trusted Divorce Lawyer

Now is the time to discuss your divorce case with a lawyer. Find out more about your rights. Contact an experienced family law attorney today.