What to do if your partner doesn’t want a divorce when your marriage is no longer viable? In a lot of countries especially in Europe you can get a divorce if your marriage is “permanently broken”. Can you divorce if your partner disputes this disruption and opposes the divorce?
In some countries there is only one ground for divorce: permanent breakdown of the marriage. This means that at least one of the partners feels that the marriage is no longer viable. In order to get a divorce it is not necessary that both partners are behind this. It can lead to unpleasant situations if your partner does not want to divorce or even disputes that there is a breakdown. Get expert help from a lawyer or mediator so that you know how to act in such a situation and are assisted during this process.
If your partner does not want to cooperate in a divorce, you can engage a lawyer who can submit a unilateral petition for divorce to the court. A document will be drawn up in which you indicate that the marriage has broken down permanently and that for that reason you want a divorce. Your partner then has six weeks to object. In general, it is not often that the partner wants to stop the divorce in court. In practical terms, it makes little sense to resist a divorce if the other person really doesn’t want to move on. If your partner does want to fight the divorce, make sure you hire a good lawyer to assist you during the process.
Stop the Divorce
There have been cases in the past where the judge has stopped a divorce. For example, in cases where the judge deemed one of the partners insufficiently able to determine his/her own will. Although this is rare, you should be able to clearly state why your marriage is no longer viable based on circumstances. That way you can avoid a possible unpleasant situation and a court decision.
It is not often that a marriage partner wants to stop the divorce in court. One may wonder whether it is of much practical use. If your partner no longer wishes to stay with you, can you force him or her through the courts? And is this wise? This does not alter the fact that the divorce is challenged in court together with a lawyer.
Last year, a man was barred from divorce by a judge. The divorce had already been pronounced by the judge, but the woman appealed. She disputed that there was any lasting disruption. The man and woman still lived together as husband and wife; the woman took care of the man because of his health problems; the man could not survive without the woman and the two had a sexual relationship with each other. In particular, the man did not want to continue because he was patronized by his wife. However, the judge reversed the divorce.
At the beginning of this year, a disputed disruption led even the Supreme Court to look into it. Now it was the man who did not want to divorce because the woman’s request for divorce was allegedly prompted by her psychosomatic state as a result of a cerebral infarction. The woman would not have been able to determine her will. In this case, the spouses had not lived together for two years. The judge did not want the woman herself to be able to determine the consequences of her decision to divorce. The divorce persisted.
It happens rarely. But if you want a divorce and your partner disputes that the marriage has broken down permanently, make sure that you can also make it clear based on the circumstances that your marriage is no longer viable. Otherwise you might be disappointed.