If we do not agree to dissolve the marriage and believe that there are still chances to save the relationship, we can file a motion to dismiss the action. The court will then be sensitized to examine the grounds for granting a divorce more thoroughly than it would if the parties were in agreement.
If, as a result of the evidence proceedings, it turns out that the prerequisites for declaring a divorce did not occur, or there were negative prerequisites (that is, the conflict of a divorce decree with the welfare of the child or the principles of social intercourse ) the court will dismiss the petition. The pronouncement of divorce will also be inadmissible if it is demanded by a spouse who is solely guilty of marital breakdown, unless the other spouse consents to the divorce or the court becomes convinced that the refusal of his consent to the divorce will, under the circumstances, be contrary to the principles of social intercourse.
It is also possible to file a request to send the parties to mediation. Such a request will be justified especially if we believe that there are still real chances to save the relationship. When there are no such chances and we are convinced of it, mediation may turn out to be a waste of time and money. However, regardless of the above, the possibility of mediation is also worth considering because of the favorable conditions, during a meeting with a mediator, for an amicable settlement of issues related to alimony or child contact. This, in turn, can significantly speed up future divorce proceedings.
If we agree to divorce, we should indicate whether we agree to dissolve the marriage without adjudication of guilt or demand that it be established on the part of the spouse.
In a situation where there are minor children from the union, we should present our position on contact arrangements with them and our position on maintenance claims.
