Can A Judge Deny A Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

You have filled out all the papers, taken hours to compile documents, and now you want to go get divorced.  Can a judge deny the divorce?  The answer is yes.

The first reason is improper notice to your spouse.  If your spouse was not properly served with divorce papers, or had not signed a waiver of service of process, then the divorce will be denied for improper notice to your spouse.

If there is a child involved in the break up of the marriage, and the child support obligations are not within the statutory guideline amount, the judge can deny the divorce.

If there is no parenting plan for time sharing, the judge will deny the divorce.

If there are no financial affidavits in the court file, and proper exchange of financial documents called mandatory disclosure  has not been done, the judge can deny the divorce.

If the parenting class has not been completed by both parties, the judge can deny the divorce.

There are a host of other reasons why a judge can deny the divorce.  However, the denial is “without prejudice” which means that the reasons for denying the divorce can be fixed and the parties can come back to court once that is accomplished.  

If you are planning to get divorced in Palm Beach County, Florida, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 for more information or click on the Firm’s web site at www.familylawwpb.com for more information.

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