With Justice for ALL (quote from the pledge of allegience U.S.A.)
This is an informational website offering support not legal advise
Comments from those involved in the Courts
One of the most common misconceptions regarding no-fault divorce is that the opposing spouse is required to sign and agree to the divorce decree. Nothing could be farther from the truth.
Society as a vested interest in the success of marriage. That is why the rules of marriage - who can marry whom, and at what age - are set forth in detailed statutes. We as a society want marriage to work because society benefits when children are raised in one household their whole life. Men and women benefit from the marriage relationship.
Marriage is supported by law and society. When one person seeks a divorce, the divorce must be granted in a court of law. There is no private law of divorce. One must seek a court's order granting a divorce and terminating the marriage.
The myth standers must confront head-on is the myth that one is required to sign and agree to the divorce decree. The fact is that the judge is issuing a DECREE, an ORDER OF THE COURT against you and your marriage, TERMINATING FOREVER the marriage and the marriage relationship. By a legal order your marriage is ended.
Legally, you gain nothing by agreeing to the divorce. Psychologically, you are positively harmed when you agree with the divorce. After all, deep in your heart you know that you did nothing wrong, that your spouse is the one who is wrong, and that the marriage is worth saving.
By disagreeing with your spouse that the marriage is broken beyond repair, you are standing for the sanctity of your marriage. By requiring the court to order the marriage terminated, you are requiring someone other than your spouse to state for the record that evidence exists to legally terminate the marriage. The beauty of opposing divorce is that you are able to walk out of court with some measure of self-respect.
Those who believe their marriage can be repaired should say so in the court room, and require the other spouse to tell the court exactly why the marriage is broken. Only when the court hears that the divorcing spouse simply wants a divorce for a trivial or a wrong reason (such as taking advantage of an adulterous relationship) can the court have any chance of denying a divorce.
The truth is, we want the judge to tell the divorcing spouse, "Dear, I know you want out of this marriage. Unfortunately for you, I believe you are guilty and your spouse is innocent. In my court, we do not reward wrong-doers. Your request for a divorce is denied."
Stand tall. Your marriage is valuable and should be defended.
Attorney for Standers