Grounds to Contest a Divorce

Divorce is the dissolution of marriage and of all fundamental legal responsibilities of a couple to each other. This is a serious issue granted by the courts based either upon the fault of one party or on an agreement made by the spouses prior to the request. The court does not immediately grant a divorce. It makes sure every particular leads to a decision supported by Family Law and no parties will be exploited.

However, Family Law also contains provisions for the prospect of having grounds to contest any allegations leading to a divorce. Although this is not always implemented in other countries, especially those that treat most cases as no-fault, the accused party who is apparently at fault is given the right to contest the allegation of the other party for several reasons. In fact, the court itself can make its own contestation if it finds evidence of collusion, condonation, connivance or provocation.

Collusion is the act of misleading the court to a wrong decision. There are instances when both parties are no longer interested in undergoing the tedious process of divorce and agree to make a scenario that will give strength to the case. Sometimes they agree that one should commit adultery to provide a reason for the divorce. Many cities around the world like Jacksonville have courts that are proficient in identifying collusion.

Condonation also gives the accused or the court grounds to contest the divorce. This occurs when the accuser receives a return accusation by the accused that he or she has previously forgiven him or her for the reasons being cited for divorce in the case. In this case, the Jacksonville family lawyer cannot use the same allegation and the court can review the case.

Connivance is similar to collusion in terms of misleading the court. The difference is that connivance involves a third party; that is, when one of the spouses has hired someone to manufacture grounds for divorce. For example, the wife might have hired another woman to seduce her husband to commit adultery. A Jacksonville family lawyer is not allowed to use the same allegation against the accused party.

Provocation happens between the spouses. Unlike collusion in which the spouses have an agreement to manufacture grounds for divorce, provocation does not involve agreement. Instead, one is in favor of the divorce and attempts to force the other to commit grounds for the divorce such as battery or abuse. This also allows the court to review the case presented by the Jacksonville family lawyer supporting the plaintiff.