Can my no-fault divorce application be denied?

A man and a woman considering divorce and curious about a no fault divorce application

There are times when the actions of one party or the other in a couple make it very clear that it is time for a divorce. Whether the result of substance abuse, physical or mental abuse or infidelity, these cases are clear-cut examples where an application for divorce would be accepted in the court system without a second thought.

However, it can be a little bit less clear what happens during a no-fault divorce. These are cases when there is no traumatic or major event that crosses the line, but instead the couple simply no longer believe that the relationship can be salvaged.

Certainly, it is true that major disagreements or differences of opinion can add up over time in an unhealthy way. Ignoring a problem or pretending that it isn’t causing stress is not a practical long-term solution — but can the court system deny an application for divorce?

Choosing the correct type of divorce

Applications for divorce may be rejected for a number of reasons. If you file for an “at fault” divorce based on information that is exaggerated or untrue, the case is almost certain to be thrown out if it is discovered that there are no severe issues involved. Likewise, if you make a claim of infidelity, then the other party is entitled to their day in Court to defend themselves (as is the party who you say they committed the adultery with).

Filing for a divorce based on “one year of separation”, however, means that you can file for divorce even if there are no significant disagrees or heated arguments. This type of divorce also can be used to end a relationship even if one party involved doesn’t want a divorce.

Working together to end the relationship

For couples that are no longer willing to work on their relationship but are willing to work together in divorce, they should be able to expect a quicker and less expensive resolution. Whether they choose to go with collaborative divorce or mediation, working together to find mutually beneficial solutions will save a lot on the bottom line. Likewise, if you file a joint uncontested divorce.

Main reason divorces are rejected

Regardless of how well the parties get along the Court will not allow a divorce to proceed without provision for child support. It has to be clear to the judge that the spirit of the legislation is being upheld because child support belongs to the child.

Looking for more information?

If you have any questions at all or if you are simply curious about more information, get in contact with Epstein & Associates today. Our professional legal team can guide you through the process and set your expectations for what is involved in your different legal options.