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What are the options if a judge denies your divorce?

On Behalf of | Oct 4, 2021 | Divorce

Though it’s exceptionally rare, New York divorce petitions can be denied. Sometimes, it’s the petitioner’s fault. Other times, judges may deny a dissolution of marriage on technical grounds. Either way, remedies are available.

Why are divorces sometimes denied?

Divorce denials in New York aren’t common, but once in a blue moon, they happen. The most common reason is one party’s refusal to sign the requisite paperwork. In other instances, judges may not grant a divorce if the petitioning party cannot prove their claim. For example, if you cite adultery as the grounds for divorce but can’t prove it, then the court may deny your dissolution of marriage request.

What can you do if your divorce is denied?

Divorce denials aren’t the end of the road. If one party refuses to sign the necessary paperwork, the other party can file for a contested divorce. It may take a bit more time, but if you follow the process to the letter of the law, you’ll likely be able to secure a divorce without your estranged spouse’s signature.

Cases in which judges deny divorces because of argumentation issues aren’t a dead-end either. If the rejection was the result of a clerical or administrative mistake, simply make the correction. If a court deems that you haven’t proven your case, appealing the ruling or filing a new petition are both options.

Divorce denials are surmountable obstacles, not irreversible sentences. Countless people have successfully dissolved their unions after an initial denial. The key is to stay strategic, focused, and compliant with the court’s requests.