Is it possible that a divorce petition could be denied if one of the spouses doesn't want to get divorced, and wants to attempt reconciliation and marital counseling instead?
Is it possible that a divorce petition could be denied if one of the spouses doesn't want to get divorced, and wants to attempt reconciliation and marital counseling instead?
Under New York law, divorce may be granted on the grounds that, for a period of six months or more, the marriage has broken down irretrievably. When interpreting that no fault divorce law, courts have rejected the argument that the petitioner must offer proof that the marriage breakdown is irretrievable. As a result, there is no defense to a divorce petition made under the no fault provisions of New York law, so if one spouse wants a divorce it can be granted over the other spouse's objections.