There are only very limited grounds for opposing a divorce. It is not enough that the respondent does not want a divorce or wants a reconciliation. As the only ground for divorce is the irretrievable breakdown of marriage, the only way to stop the divorce is to show that this has not occurred. The respondent must prove either that the parties have not yet been separated for twelve months or that there is a real likelihood of reconciliation and the marriage has not ended.
To prove that the marriage has not ended the respondent must show that both parties want a reconciliation. This will be difficult, because the applicant has applied for divorce to end the marriage. Counselling offers a better chance of reconciliation than dealings in court. The respondent should try to arrage a counselling session with a counselling organisation.
A respondent who considers there are grounds for opposing the divorce should prepare and file a Response. This must be done within twenty eight days of the application for divorce being served on the respondent.
If there are no grounds to oppose a divorce but the respondent considers that there are mistakes in the application, legal advice should be sought. It may be possible to prepare and file an affidavit explaining what facts are wrong in the application, what the true facts are and what evidence supports this.
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Opposing divorce : Last Revised: Tue Jul 18th 2006 |
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