What Is the Procedure to Stop a Divorce?
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Fault Divorce
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How divorce is treated by the law is largely a reflection of social attitudes, which have changed dramatically over time. When divorces were first made widely available, the legal procedure retained the centuries-old stigma of one spouse having to prove a fault in the other almost as if they were seeking conviction---all just to be released from the bonds of matrimony. Stopping a divorce in this way, based on a fault in the spouse, means contesting the grounds on which it was filed. Although these account for less than one of every ten divorces, there is no way to take from a spouse with legal residence in a no-fault state the right to file for and receive a divorce.
Answering the Petition
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Though now fairly uncommon, fault divorce still exists in some form in every state. The process begins the same as any divorce, with one party filing a petition. The first step in stopping the divorce is answering the petition. This must occur by the date listed on the petition or hearing notice, usually 30 to 90 days from the date of service, or a default will be entered and the right to contest the divorce is forfeited. In most states, answering the petition is done by filing a similar reply form that allows the respondent to reflect whether they consent to or contest the divorce. If the petition is not already scheduled for a hearing, the respondent should file a motion for a hearing to show cause. If a hearing is already scheduled, the motion can be filed with the request that it be heard at the hearing already on the calendar. At the hearing to show cause, evidence of the fault will have to be presented, and the defense against the fault will depend on how it's defined in the state.
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Grounds for Divorce
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The faults that count as grounds for divorce vary, but they're usually variations on a few basic concepts. Grounds for divorce usually include physical or psychological abuse, adultery, desertion, drug abuse, insanity, incarceration for serious crimes, and coercion or fraud in forming the marriage. If a divorce is made on the grounds of one of these faults, the spouse accused of the fault can stop the divorce by disproving the claim. Desertion, for example, usually has a specific time component, between six and twelve months, and a requirement of intent. A spouse accused of desertion then, could stop the divorce by showing the separation from their partner was beyond their control and not intended as abandonment. Similarly, an accusation of insanity, would require institutionalization or strong testimony from a professional, and not just the spouse's opinion. An accusation of adultery would also have to be supported by evidence, which the accused party could refute. If the judge deems the evidence to be unsatisfactory in proving the fault, the petition for a fault divorce would be denied and the divorce proceedings halted.
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