What if I Don’t Want a Divorce?

What if I Don’t Want a Divorce?

Your spouse has filed for divorce, but you do not want the divorce proceedings to move forward. Maybe you don’t agree that the marriage is over, maybe you believe that the issues in the relationship can be resolved, or maybe you have an objection to divorce for another reason.

Once your spouse files a Complaint for Divorce, you cannot stop the proceedings. Any party has a right to file for divorce, regardless of whether the other party is in agreement. That said, there are ways to attempt reconciliation or to delay the proceedings if your goal is to attempt to avoid the matter ultimately resulting in the entry of a divorce decree.

Pennsylvania provides mandatory counseling if the defendant in a divorce complaint wishes to pursue it. If you are served with a complaint in Divorce, you can require your spouse to attend up to three marriage counseling sessions with you prior to the proceedings moving forward.

Additionally, the law does not require anyone to consent to a divorce. If you do not want to get divorced, you have the option of refusing to consent, and that will require your spouse to wait at least one year to move forward with finalizing the proceedings without your consent.

If you are served with a divorce complaint, but do not want to be divorced, there may be ways, within the bounds of the law, to delay the proceedings.

To schedule an appointment with one of our attorneys or for further information, call us at the LaMonaca Law at (610) 892-3877

About the author

About Alicia Fastman

Alicia Fastman graduated from Hofstra University with a Bachelor’s degree in Psychology, then went on to complete her Juris Doctorate at the Widener University School of Law in Wilmington, DE. Ms. Fastman graduated from law school with pro bono distinction, completed a Certificate in Criminal Law, and focused her intensive studies within the fields of litigation and trial advocacy. Ms. Fastman is licensed to practice law in Pennsylvania, and is a member of the Pennsylvania and Delaware County Bar Associations. Ms. Fastman specializes in family law as well as other areas of the firm’s litigation practice.