If your spouse has filed for divorce, but you don’t want a divorce, you may be wondering what you can do to stop the divorce. Because New Jersey is a no-fault state, it is very difficult to prevent a divorce completely. There are some options you can consider.
You can suggest that you and your spouse go to counseling and put the divorce on hold. You may be able to work out your differences and resume married life with the help of your therapist. You also may come to the realization that a divorce is the best choice.
You can ask that your divorce be handled via mediation. This removes it from the court calendar and buys you some time to try to reconcile. If you truly are resistant to divorce you can likely stall in mediation for some time, hoping you will be able to change your spouse’s mind.
You can suggest a trial separation instead of a divorce. You will remain legally married and you don’t need to complete any paperwork or do anything official. Some couples can remain in this limbo for some time, providing time apart and time to talk and work on their relationship.
Your lawyer can likely come up with a myriad of challenges to the divorce on procedural or legal issues. This will be expensive but again, it serves to slow the process down and provide you with an opportunity to work towards reconciliation with your spouse.
Discuss your divorce questions with DeTorres & DeGeorge.