How Do You Fight a Divorce?
You've pulled your hair and screamed in frustration. Now you're ready to fight. But you don't know where to start. Afterall, how do you fight a divorce? The sad but honest truth is, you can't. If you're spouse wants a divorce, by law, according to all 50 states, she can obtain one. You may be able to fight and contest aspects of the divorce such as custody, money and assets, but the proceeding itself cannot be stopped unless both parties, or the person who petitions for the divorce, agree to dismiss the case.
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Instructions
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Resolve marital conflicts before divorce is an option. Seek joint counseling services with a clinical psychologist or family therapist. Participate in mirroring exercises that allow both parties to communicate grievances and then have those grievances mirrored back. With a professional to guide these and other communication exercises, address and resolve larger conflicts and issues that have lead to a break down in communication or intimacy.
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Petition the court to dismiss the case. Return to the family court where the petition is filed and file a Request for Dismissal. In California, file Form CIV-110. The case will be dismissed and cannot be filed under the previous petition. A new petition must be filed, and all filing fees must be paid. For a domestic partnership, file a Notice of Revocation of Petition for Summary Dissolution. In California, file Form FL-830.
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File a response to contest the divorce. Once your spouse files a petition with the court, you can file a response to contest the divorce. Both parties must appear in court and present evidence or testify regarding contested issues. Mediation will begin and issues relating to property, money, custody and alimony will be resolved. The mediation process can last hours, days, and in some cases, months or years. Generally, mediation lasts several hours or days.
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Introduce your Pre-Marital Agreement into evidence if you wish to fight a settlement offer that conflicts with any previous agreements or contracts. Your spouse may contest the agreement, and mediation, as well as evidence regarding special circumstances, may be entered into evidence. The judge will make a judgment based on all the evidence as well as the original contract.
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Slow the process. Request mediation and contest the divorce to prevent a quick judgment. Work with a mediator to resolve all issues. Schedule meetings with your spouse and a family counselor, to evaluate the consequences of divorce and examine what changes can be made to save the marriage.
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Tips & Warnings
Seek professional help.
Never use children as leverage in a divorce or to scare a spouse into dismissing a petition for divorce.
