When A Divorce Is Denied By A Judge
When a couple decides to divorce amicably, you would think that the courts would be agreeable and allow the couple to end their marriage as stress-free as possible. Unfortunately, this is not always the case, making an emotional process even harder.
A judge in Kentucky recently denied a couple’s request to get a divorce. Why? Because they were too cordial with each other, prompting the judge to order them to return to counseling to work on their marriage.
The couple tried to be mature about not wanting to be with each other anymore. Even their attorneys praised their behavior. The couple wanted to divorce amicably for the sake of their child, but apparently it backfired.
On August 12, during a virtual court hearing, the family court judge got a “vibe” that the couple should work things out. The judge asked the couple if it would be beneficial for them to go to counseling. The wife said they are past that point and that the divorce has been a year in the making. The husband agreed, stating that the couple has tried to make things work multiple times, but to no avail.
However, the judge did not have enough evidence that there were irreconcilable differences in the marriage and would not grant the divorce. The judge claims that under KRS 403.170, there needs to be a finding that the marriage is irretrievably broken in order to grant a divorce. Also, under KRS 403.110, the court is compelled to “strengthen and preserve the integrity of marriage and to safeguard family relationships.” Because of these laws, the judge did not have sufficient evidence to prove that the marriage was irretrievably broken.
Both lawyers were stunned with the ruling. They were shocked that a judge would order a couple who was respectful toward each other to go back to counseling, since it’s usually the opposite that’s true. The ruling was unexpected, to say the least.
Another shocking part of the ruling was that the judge also ordered that neither parent can introduce the child to a romantic interest until the action is finalized. This was not even discussed in court, so it was odd that the judge would even mention that.
The judge is ordering the couple to seek counseling until October and prove to the court that they tried again, even though they have already spent $13,000 on counseling and legal fees. Since counseling has not worked for the couple in the past, they’re not optimistic that it will work for them this time around. In fact, the woman’s attorney has already filed another motion for divorce, with a decision hopefully coming soon.
Seek Legal Help
It’s rare for a judge to deny a divorce. However, in a divorce, there needs to be irreconcilable differences, and if a judge thinks that a couple can work things out, then they have the right to refuse to grant a divorce.
Fort Lauderdale divorce attorney Edward J. Jennings, P.A. can ensure you get the representation you need in a divorce. If you and your spouse have agreed to divorce, we can help. To schedule a consultation, fill out the online form or call 954-764-4330.