Can a Spouse Prevent a Divorce Filed on Fault-Based Grounds?
There is no way for a single spouse to stop a no-fault divorce. However, the state of New York does allow for fault-based grounds for divorce, in which a spouse can prevent the divorce from proceeding by convincing the court he or she was not actually at fault for the split.
In addition to proving a lack of fault on your part, there are several other options available to prevent a divorce on fault-based grounds. These include the following:
- Condonation: The defending spouse argues the approving spouse condoned his or her actions. For example, if a wife does not object to known adultery on the part of her husband, the husband could argue that constitutes condonation on the part of the wife.
- Connivance: Connivance is similar to entrapment. It involves setting up a situation that encourages the other person to commit some sort of wrongdoing. If, for example, a husband invites a suspected lover to the family home and then leaves for the weekend, the wife might argue he connived (set up) her actions.
- Collusion: In New York, there are specific length of time requirements for separation before the couple may file for divorce. In this situation, they might pretend one of them was at fault to be able to file a fault-based divorce. This is a form of collusion, as the two people are working together to mislead the court. One spouse could alert the court to this collusion if he or she decides against going through with the divorce.
- Provocation: If one spouse provokes the other to act in a certain way, and that resulting action forms the basis of the “fault” in question in the divorce, the spouse supposedly at fault could prevent the divorce by arguing he or she would not have acted in such a way without being provoked.
As you can see, arguing against a fault divorce can be quite complicated. For the legal advice you need in this situation, speak with an experienced Long Island divorce lawyer at Bryan L. Salamone & Associates.