Legalality Issues

[Thor]

Is it legally possible to stay married when one person wants a divorce while the other wants to stay married? Please keep in mind that I'm not asking about the quality of life between these two people if they have to stay married. My only question is whether or not a court can force two people to get a divorce?

 

 

Thank you for your time.

[Tony T]

YOU ASK: "My only question is whether or not a court can force two people to get a divorce?"

 

A court never forces people to get a divorce. However, it only takes one party (the plaintiff) in the marriage to file and be granted a divorce. The one being divorced (respondent) may hire an attorney and hold things up for a period of time if lots of details are in need of resolution like child support, child custory, division of property, etc. However, the courts have mechanisms for moving that stuff along pretty quickly as well. Actually, in many cases it's best if both parties have legal representation.

 

So, bottom line, if either husband or wife wants a divorce it will be granted. Most states have no-fault divorce so there have to be no grounds short of irreconcilable differences. If one of the parties doesn't want a divorce, that person should be considered pretty selfish to want to force another party, who doesn't want to be with them, to remain entangled. That's not only selfish but lame and irrational.

 

Oddly enough, if it weren't for divorce many people wouldn't get married in the first place. Most people don't like to get into situations where there is no back door out...just in case.

[my_mother's_daughter]

if it weren't for divorce many people wouldn't get married in the first place. Most people don't like to get into situations where there is no back door out...just in case.

 

I like it.

 

I wonder what would happen if, when in the marriage vows each partner promises til death do us part, this was legally enforced!!! Might make it easier to book a church wedding less than 5 years in advance!!!

[my_mother's_daughter]

Don't read too much into this, I don't believe people don't and shouldn't be able to change their minds!! I'm just wondering whether the traditional marriage vows should be adapted to life in the 21st century:

 

eg

 

"I (insert name here) promise to take (insert other name here) .... in some sickness, though mainly health, richer would be preferred to poorer and I'd like to say until death parts us, but I think in the interests of the changeability at the root of human nature, I'd prefer 'for as long as I feel interested'"

 

Anyone else????

[Thor]

Thanks for the information. I suppose the next thing to do is to have both parties speak with attorneys.

 

Mother's Daughter and Tony bring up interesting points though. If there were a strict following or adherence to a church marriage, would there be less people getting married? Would people, in general, not get married because there wasn't a loophole or a back door? How sad... And this may be an entirely different thread, but if a court grants a divorce to the plaintiff, and the marriage was created under God or some other deity, where does the separation between church and state come in? Obviously, the courts can grant divorces these days, but is it right or justified according to the church? This is probably a question best left for a clergy person, but what the heck, I'll throw it out to the masses and see what comes back.

 

Thanks again!

[moimeme]

I can't speak for all religions but as I understand it, in Catholicism it isn't the divorce that's the problem, it's remarrying, which constitutes 'adultery'. You don't have to stay married, but if you divorce you have to remain single.