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Will the court deny your divorce?

On Behalf of | Mar 7, 2023 | Divorce

People sometimes think about divorce as something that the court has to approve or deny. In other words, they worry that they could show up in divorce court and ask for their marriage to be dissolved, only for the judge to say that they have to stay married.

But, thanks to no-fault divorce laws, this isn’t really how it works anymore. You do not need to prove fault for a divorce, but you can simply say that the marriage is irretrievably broken. If the two of you agree on this, then the court facilitates the process. It is very rare for a court to deny a divorce, and it is usually on a temporary basis even if it does occur.

Child custody solutions

So what is the court going to do? To start, they’ll address custody. For example, you and your spouse may agree that you should get divorced but disagree and how child custody should be split up. The court can then make an order that has to be followed by both parents. They can split up things like legal and physical custody, and they can determine the degree to which these are divided. It is not always even.

Financial solutions

The court is also going to help you divide assets and find financial solutions to the dissolution of your marriage. For instance, there may be a situation in which couples need to sell certain assets, like a family home, in order to divide them. The court will also look at the financial side of your child custody situation, potentially awarding child support to either you or your spouse.

It all depends on the specifics of your situation, but you can see how the court helps you move through this process. Be sure you know exactly what legal steps to take.