Handling Estate Battles With GraceHandling Estate Battles With Grace

About Me

Handling Estate Battles With Grace

Hi, I am Ina Aldawen. Upon losing my mother at a young age, I was thrust into the world of estate lawyers in an instant. Although the process could have been a nightmare, I was lucky to end up with an accomplished and kind lawyer. The lawyer taught me all I needed to know about handling my mother's estate properly. I escaped the situation unscathed and with my relationships intact. Although I hope to never have to deal with that situation again, I at least know enough to get through it without too much stress. I built this site to share this knowledge with you in an attempt to help the world deal with estate situations better. Losing a loved one should never include a legal battle over belongings and funds. Unfortunately, it often does, so it's best to stay prepared. Come by often to learn more.

Is There Any Legal Way To Stop A Divorce?

It's not uncommon for one partner presented with a suit for divorce to question whether this is the right way to go. You may wonder whether there are any options in divorce law for stopping the process. Take a look at how the system works, why it is this way, and how you might address the situation.

No, It Doesn't Take Two

Most cases in modern American divorce law center on a concept called irreconcilable differences. It's very important to understand that this legal standard only requires one of the two parties in a marriage to demand its end. Just one person has to declare that there are differences in the marriage that the two people can't resolve, and there will be no further examination of the legal question.

Also, every state in the U.S. uses some form of a no-fault system. This means no one has to blame anyone for the end of the marriage before a judge will approve it. While someone might be upset about an extramarital affair, for example, it doesn't matter as far as the law cares. Someone wants the marriage over, and that's the end of the subject.

Why Does It Work This Way?

The American divorce system didn't always work this way. California introduced a no-fault system based on irreconcilable differences in the late 1960s, and the rest of the country follow the state's lead over the next couple of decades. The legal reasoning for changing the system was that the previous at-fault system was unfair, was difficult to administer, and often produced strange outcomes. For example, there were scenarios in the old system where both people could want a marriage to end and a judge couldn't grant the divorce if no one was at fault.

How Can You Address the Situation?

In the strictest legal sense, you can't stop a divorce if your partner is intent upon it happening. At most, you may be able to delay it. Most states require cooling-off periods, although these typically range from a few weeks to several months.

Likewise, a divorce may be delayed to provide time for the suing party to serve the other side with paperwork. However, if the receiving side can't be located or won't take receipt of the documents, the suing side can eventually petition the court to grant the divorce with or without their participation.

The most you can do is to use the available time to try to patch things up. However, you should also consider whether your partner's dissatisfaction with the marriage makes a quick and clean divorce desirable for both of you.

For more information, contact a divorce law service.