There are many reasons why one spouse does not want to divorce, usually religious or cultural, or simply that he or she still loves the other spouse, and wants make the marriage work. If one party to the marriage does not want a divorce, but the other party does, the first party should suggest marriage counseling or a trial separation, with the agreement of the other party. These steps may be enough to give the parties a chance to save the marriage.
Unfortunately if these efforts fail, and one party still wishes to proceed with the divorce on credible grounds, then the other party has very few legal defenses to the divorce action, as divorce is legal in all 50 states. However, a spouse may bring an application to vacate a default divorce judgment already granted by the court in certain circumstances. The most common reason for the aggrieved spouse is to allege and prove in court that he or she was not personally served with the divorce summons by a 3rd.independent party, such as a process server, which is required by the New York Domestic Relations Law. Mailing of the summons, placing it through a letterbox or affixing it to a door will not suffice as personal service. Also, an application to vacate a divorce (Order to Show Cause) may be granted if the divorce was obtained due to the fraud or misrepresentation of the other spouse.