Aaron & Aaron, Attorneys at Law
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Can my spouse use collusion to prevent our divorce?

In the state of South Carolina, there are certain requirements that must be met in order for married couples to receive a divorce judgment. There is the obvious residency requirement, a waiting period and the grounds for a divorce that must be identified in order to file for and receive a divorce. For most divorcing couples, meeting these requirements is relatively easy, especially considering that no-fault can be used as grounds for divorce. For couples that both agreed to divorce, these simple requirements are great. However, when one spouse contests the divorce, they may try to use collusion to stop the proceedings.

Collusion, as it pertains to a divorce, is the act of spouses working together to fabricate grounds for a divorce. Typically when a family court suspects collusion has taken place, the divorce proceedings will stop. In the event one spouse desperately wants to stop the divorce proceeding, they may attempt to let on that collusion has taken place even though it has not.

Even though collusion can be used as a defense against a divorce, the process of proving it can be timely, costly and exhausting. Generally speaking, the family court requires the use of witnesses to prove collusion has taken place. For individuals fabricating this defense, finding witnesses may prove difficult.

Although collusion may stop a divorce proceeding, the family court typically is not in the practice of keeping people married when they wish to be divorced. For individuals that suspect their spouse may attempt to show collusion took place in order to halt the divorce proceedings, speaking to your attorney may help. Identifying and addressing the threat of this fabrication can help the family court move past it and toward a divorce judgment.

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