weird hypothetical question

[nijusjaanu 0]

will a judge ever *not* grant a divorse? just say to the couple "no, i won't divorse you. you've got to work it out." ??

[KarenCee 3]

Never heard of that in the US....not sure about other countries though.

[Tiksman 0]

I have never heard of it happening here in the u.s

[almaty 19]

in some states a judge can order a married couple to mediation, a form of counseling, prior to hearing the divorce case and making final dissolution...

[KarenCee 3]

Thank god my ex and I weren't required to do that...he would have found a counselor that agreed with his viewpoints, one that would have told me that for the marriage to work, I would need to ask the husband's permission, be more submissive and more obedient.

[Fuzzness 2]

If the judge decides that it is a sham marriage, couldn't he say no divorce just to teach a lesson?

[Satisfaction 1]

Not in the US, unless I am mistaken. Legislation varies from State to State in terms of divorce "waiting period". You may want to check with your local juridiction, and obtain information on their rules and regulations. Some will give enough time (1 month or more) for a couple to settle their differences and decide whether they want a divorce or not; some others may render a final judgement expeditely.

[radacos 0]

It certainly isn't happening anymore in "Western", democratic countries, but it used to be possible until not so long ago. I know of a case in the 1930s, when a judge denied the divorce to a woman whose husband had cheated on her. The woman, as an act of revenge, also had a fling with another man. When this detail came up, the judge denied the divorce, claiming that both parties were at fault and their fair punishment would be to remain stuck with each other and make it work somehow. I don't remember if this case took place in the US or in the Uk, though...

[faith 0]

It depends on if you are in a no fault state, what the time limits are, etc.

In Illinois, for example, it's a no fault state so you can claim irreconcilable (too tired to check spelling this morning) differences but you have to live apart for 6 months before it's granted. BUT, if you have grounds (mental or physical abuse) your divorce can be granted immediately.

So, will a judge say no? Not really, they will just expect you to comply with the laws of the state.

[Sister Fracas 5]

in some states a judge can order a married couple to mediation, a form of counseling, prior to hearing the divorce case and making final dissolution...

I'm so tired this morning that I thought that said "order a married couple to medication"

[m_and_m20 0]

in some states a judge can order a married couple to mediation, a form of counseling, prior to hearing the divorce case and making final dissolution...

I'm so tired this morning that I thought that said "order a married couple to medication"

Thats funny...when i first read it i thought it said "meditation"

can i go back to bed yet??

[Miranda&James 8]

I have another question. What if one person refuses the divorce? Say the husband or wife won't sign the papers? What happens then?

[faith 0]

I have another question. What if one person refuses the divorce? Say the husband or wife won't sign the papers? What happens then?

Here, in St. Clair County, Illinois, one person files. A summons will be issued to the spouse. If he/she doesn't show up then the judge will issue another summons (continuing the case). This can go on several times. You are court ordered here to undergo "Children's First" classes if you have kids. If you both don't go you won't get the divorce. Basically, after about 3 or 4 ignored summons (depending on the judge) they will issue a contempt citation which will be served upon the party not showing up. That is a criminal summons. They will eventually get that person before the judge one way or the other (either by force or willingly). Then once all terms are settled (which is a whole can of worms there sometimes) the judge will issue the divorce. Both parties do not have to be there to get the divorce.

**note that the summons are served by a company like mine and then an affidavit is filled out and notarized stating that the parties have been served the papers**

Edited March 17, 2006 by faith

[Sister Fracas 5]

in some states a judge can order a married couple to mediation, a form of counseling, prior to hearing the divorce case and making final dissolution...

I'm so tired this morning that I thought that said "order a married couple to medication"

Thats funny...when i first read it i thought it said "meditation"

can i go back to bed yet??

bwahahahaa

The weekend is here...time to sleep in!!

[meddykomp 0]

will a judge ever *not* grant a divorse? just say to the couple "no, i won't divorse you. you've got to work it out." ??

In some states they will not grant it, but allow for the option to refile. My divorce was denied in 2000 because I was pregnant. I was also forced to put my ex husband's name on my sons birth certificate even though he was not the father and we had not actually been together for over a year and a half. It is dependant on the state and once I proved the paternity of my son, I was then able to refile.