Why Would A Judge Not Grant A Divorce?

Getting a divorce is never easy. If you are like many people, though, you may not think that being granted a divorce by a family law judge will be difficult. However, while it is rare, there are certain situations in which a family law judge may not grant a divorce. If you are thinking of ending your marriage, it is critical that you work with a Media divorce lawyer who can advise on your case and make the entire process as easy as possible for you.

Failing to Meet the Eligibility Requirements 

All courts have certain jurisdiction and they cannot make rulings on cases outside of that jurisdiction. For example, a Pennsylvania state court cannot hear a case from another state. Likewise, a family law court can only hear cases within the state and within a certain county.

To be eligible for divorce in the state, one or both of the spouses must have lived in Pennsylvania for a minimum of six months before filing for divorce. Likewise, the person who files for divorce must file in the county where either spouse lives. Residency in Pennsylvania is defined as physically residing in one location with the intention of remaining there indefinitely.

Lack of Grounds 

There are many grounds on which a person can file for divorce in Media, and throughout the state. If you are obtaining an uncontested or no-fault divorce, you must simply state that your marriage is irretrievably broken. These grounds are not likely to be questioned by a family law judge. On the other hand, if you file on fault-based grounds, such as adultery or desertion, you must prove these grounds. If you fail to establish these grounds, a judge may not grant you a divorce.

Incomplete Documentation or Procedural Errors 

When obtaining a divorce, there are many legal procedures to follow, and you must complete and submit certain documentation. There are also deadlines placed on these procedures and document submission. If you make a mistake, or you omit information from the paperwork, the judge may not grant the divorce. Additionally, improper service of the divorce papers, or a failure to comply with court orders, can also result in a judge declining a divorce.

Coercion, Fraud, or Duress 

These reasons for denying a divorce mainly apply to no-fault divorces. In order to obtain a no-fault divorce, both spouses must voluntarily agree to it. If either party coerced their spouse, placed their spouse under duress, or committed fraud to get them to agree to a no-fault divorce, a judge may not grant the divorce.

Our Media Divorce Lawyer Can Help You Obtain a Positive Outcome 

If you are going through a divorce, or are thinking about it, you may not have even considered the fact that a judge may not grant you one. At Barbara Flum Stein & Associates, our divorce lawyer in Media can ensure you meet all legal requirements so the process is as easy as possible for you and you obtain the favorable outcome you are hoping for. Call us today at 610-565-6100 or chat with us online to schedule a consultation.

Source:

legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=33&sctn=1&subsctn=0