Can a judge deny a divorce and issue marriage counseling?

When couples approach a judge for divorce, they may grant or deny the divorce. If the judge feels it is possible to save the marriage, he may refuse to grant a divorce. However, can a judge deny a divorce and issue marriage counseling?

If you are also seeking the answer to the same question, you are at the right place. In this article, we are going to give you all answers related to denying and issuing divorce and marriage counselling by a Judge. 

Can a judge deny a divorce and issue marriage counseling?


A judge can recommend the parties attend counselling. He can’t force them if one among them doesn’t wish to go for it. When you decide on the dissolution of marriage, you have every right to refuse to go for counselling. 

Getting a divorce is not a cakewalk. It becomes complicated when you have children. There are so many issues to be solved before ending a marriage, like, alimony and distribution of wealth. The judge would try his best to reduce the adverse effects of divorce and save a marriage.

Certain cases may compel the judge to order both of them for counselling. There are several factors that the judges may take into consideration. Parties’ willingness to know about how they treated their spouse, and the extent of disharmony before ordering counselling.

Sometimes, the judge may think the couple has a troubled marriage because of a lack of communication. If they sit in front of an impartial third person, they can sort out their issues and revamp their broken relationship. Furthermore, a judge may issue counselling to assist children to adjust with the dynamic relationship with their parents.

Having understood that the judge may order counselling, there is no guarantee of success. The parties should believe there is a scope for the revival of their relationship. Commitment to the process can only bring about improvement in the relationship. Sometimes, despite hard work, things can falter.

Counselling is a fair chance for both parties to divorce to try out different options. Because divorce can wait, but your relationship can’t! You can talk to a counsellor about the problems in this relationship and sort out issues to make it work again.

Can you request a marriage counselling in a divorce?

People often get confused about whether they can request a marriage counselling in a divorce or not. The answer is very clear and simple; any party who wants to take or stop the divorce can request marriage counselling.

How to get court-ordered marriage counselling?


Separation can be a stressor that puts you in a tight spot. The parties should ponder whether it is the right tool to bring peace to their life. The magistrate should evaluate the relationship based on vital factors before granting a divorce or counselling.

If the parties divorce, lawyers request counselling, and it is possible to get court-ordered marriage counselling. The judge may consider the situation order the same. If he feels that the counselling may be detrimental to the already broken relationship may deny it too.

There are two stages when you may apply for court-ordered marriage counselling:

  1. Counselling when the case is pending.
  2. Counselling after divorce.

Counselling during the pending case:

When the court thinks that one of the parties is willing to talk out and save the marriage, the court may order counselling while there is a pending divorce case. Usually, in a divorce case, the law has an inherent provision for a cooling period to evaluate the extent the relationship can be mended. 

The court can order counselling on behalf of the child when one of the parties, legal guardian, or special advocate appointed by the court requests counselling. The court may sub- moto order for counselling if the affected party is a minor child.

Counselling after divorce

Counselling after divorce is very rare, and the court may order only if the parties to a divorce have a minor child. The court may, on its own motion, or the child, parties to a divorce, the court-appointed attorney request. Court’s main intention is to safeguard the child’s interest. It may order the parents to undergo therapy to ensure the child’s mental and physical well-being.

Frequently Asked Questions:


Who gets custody during a pending divorce? 

Both parents can negotiate and come to temporary terms to take care of the child.

Can a judge force parties divorce to go for counselling? 

No, except for in rare cases. The court will order counselling when it feels there is scope for reconciliation and improvement in the relationship. 

How to get court-ordered counselling? 

A judge may order counselling to help you mend the relationship. There is no compulsion that you should attend the counselling, though.

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Counselling is a process to help both parties review their relationship and solve issues to lead a better life. Many people wonder if they can request marriage counselling in a divorce, and the answer is YES. 

One of the parties may ask the judge for counselling, and he will grant it. However, he can’t force the other party to attend the process, and it requires complete cooperation from both parties to be successful.

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