Why Your Divorce Might Be Denied

When people file for divorce, very few consider the possibility that their applications might be denied. Submitting a divorce application doesn't automatically mean that it will be granted. Depending on your state, your divorce application may hit a snag if you:

Don't Meet the Residency Requirements

Most states have residency requirements that you must meet to be granted divorce. The most obvious one is that you must be living in the state. In addition to that, most states also require you to have stayed in the state for a certain period (say six months). Therefore, your divorce application may be denied if you have recently moved and does not meet these requirements.

Haven't Gone Through the Separation Period

Apart from residency requirements, some states also require couples to live separately for some time before filing for divorce. This law was meant to preserve the family unit with the reasoning that living apart might force you to see the error of your ways and reconcile.

Therefore, your petition might be denied if you are supposed to separate for six months and the court realizes that you have only been living apart for five months. Some states allow you to waive this requirement by mutual agreement.

Have Failed to Prove Your Grounds

Apart from failing to meet residency and separation requirements, your divorce may also be denied if you don't have proof for the grounds you are using for divorce. For example, if you are saying that your spouse is cruel, then you must prove the existence of this cruelty.

If you don't want to run into such hurdles, then you can just cite irreconcilable differences as your reason for seeking the divorce. Most states have this provision, and it means that you don't have to prove that a fault occurred.

Made a Procedural Error

Finally, your divorce application may also be denied if you don't follow the procedure laid down in your state's laws. For example, you must fill the appropriate forms correctly before they can be processed. Also, there are specific ways in which you can serve your spouse with the divorce papers. Your divorce process may stall if you don't meet any of these procedures. 

The good news is that these difficulties do not mean that you won't have your divorce ever. Instead, you just have to go back to the drawing board and correct the mistake. Consulting a divorce lawyer will help you to get your divorce right the first time. For more help, try contacting a divorce attorney with your questions and concerns.