Can my divorce be denied?

On Behalf of | Sep 3, 2021 | Family Law |

There are a thousand things to worry about in a divorce: child support, custody, alimony, property division, etc. These are all valid concerns and things that couples often fight about. Though, most attorneys agree that, if the couple can be amicable, the costs and time for a divorce are usually reduced because an intense litigation battle is not needed. Though, one recent couple has become the exception to that rule.

The counterintuitive court decision

This crazy story comes out of Kentucky’s Bullitt County Family Courtv. In that state, like most other states, there is a law that allows the judge to determine whether a couple has irreconcilable differences. The key in that court is that the judge will look at whether those differences are actually irreconcilable. In other words, if the judge feels the marriage can be salvaged, the judge will not grant a divorce. And, that is what happened recently for one couple because they seemed too amicable.

An amicable backfire?

According to the judge and the attorneys for both parties, the couple agreed at the beginning to be amicable and conduct the divorce with the best interest of their children at the heart of all discussions. As a result, their interactions in court were generally positive. And, this amicability and positive interactions gave the judge the gut feeling that the marriage was salvageable. So, she ordered them back to counseling, even though they have already paid thousands for the service and the husband is dating.

So, couples should fight?

For couples in that court room, maybe, but for those Gainesville, Georgia, divorcing couples, no. Generally, regardless of the courtroom, amicability is recommended because it can reduce litigation costs and court time. Amicability can also ensure a fairer result and a larger split in marital assets. This is why most, if not all, divorce attorneys recommend amicability. Hopefully, as most attorneys agree, this is a one-off decision.