20.9 C
New York
Monday, May 27, 2024

Things that Hinders Your Ability to File a Divorce

Marriage is complex. It’s the interweaving of ideas, thoughts, responsibilities, and entire life. With all of these variables and potential uphill battles, it makes sense that some might not want to continue. In the state of Illinois, and across the United States of America, people have the option to terminate a marriage. Although this is difficult for some, coming to an agreement is not impossible. There are complications to getting a divorce, though. Here are some of the reasons that prevent an individual from being able to file for divorce.

Establishing “Fault”

The state of Illinois technically needs to establish “fault“ as grounds for divorce. This may seem like a more traditional system, but there is a legal means around it. Any corresponding divorce law firm would call it: “irreconcilable differences”. But if one tries to establish fault in the other, that can be contested. The back and forth quarrel in finding fault can impede on the filing and completion of the divorce. Fault-based grounds do little to support one side or another in the courts outside of domestic abuse or felony convictions. But grounds such as “impotence“ are direct attacks that will cause the process to stall.

Intimidation and Manipulation

Intimidation and manipulation or tactics that abusers employ in order to keep a divorce from happening. One side may threaten the other with either violence or character assassination. This is meant to keep the person in their place. The most common manipulation tactic is the: “You will never see your kids again“ maneuver from one partner to another. This often escalates the turmoil at home, negatively affecting the children as well, and prevents righteous legal grounds to simply separate. It is important that one call their lawyer whenever they can, and seek guidance on this narrative. It’s a tactic that is seen time and time again, and they have the right tools to fight it.

Separate and Apart

A popular tactic when it comes to divorce is simply refusing to live “separate and apart”. To establish a “no-fault” divorce, one has to have established a separate living situation from their spouse for at least two years. Now, this doesn’t mean that they have to establish a completely different residence. Because of the financial situations of most Americans, this is simply not feasible. But one has to establish that the two parties involved have been living, essentially like roommates, instead of a married couple. “Separate and apart,” they call it. This is where things get tricky. One can contest that Notion as well. One can say that they were living intimately as a married couple in order to block the divorce. This is often where extra professional legal help is necessary. If both parties agree that they have been living “separate and apart“ for six months, and they’re willing to put it in writing, the two years can be waived. But in the often spiteful world of divorce, this might not always happen.

In a perfect world, divorce is clean and quick. Ideally, both parties can agree on what they want, legally and monetarily. Unfortunately, that is not always the case. People often try to prevent the divorce from happening. This is where good, reliable, expert legal advice is needed. If you’re looking for advice, don’t hesitate to call somebody for legal help.

Related Articles

Latest Articles