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Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
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Legal Advice on Divorce: Pursuing a Fault-Based Divorce

Aug 04, 2011

legal strategy divorceBy Matt Allen

Editor, DadsDivorce.com

Alleging fault means that one spouse is at fault for the break up of the marriage. But now that all states have some form of no-fault divorce, why would someone pursue a divorce on fault grounds? Pursue legal advice on divorce from your attorney, but follow these general guidelines on when to pursue a fault-based divorce.

Won’t it just take more time, money and effort to prove fault when you can simply file for a no-fault divorce and avoid those extra obstacles?

According to Cordell & Cordell divorce lawyers, a fault-based divorce is generally only pursued: if the spouse alleging fault can gain a greater share of the community estate; if the state considers fault when determining alimony; and if it results in an advantage in a child custody decision.


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Ask a Lawyer: Statute of Limitations on Adultery

Nov 29, 1999

Question:

I was wondering if there was a statute of limitations on adultery. My wife had an affair about 3 years ago. I was wondering if I can still divorce her under the grounds of adultery after the time lapse.

Answer:

I cannot answer your question specifically to the laws of Virginia as I am not licensed to practice law in that State. In general, adultery at any time in the marriage can be considered. However I do not know if the remoteness of the time will prohibit you from alleging it as a your grounds for divorce. Also keep in mind that there must be some corroboration of the testimony of a spouse in proving adultery, and the evidence should be strict, satisfactory and conclusive that the other spouse did in fact engage in sexual relations with another person although "eye witness" testimony to the acts is not required. In most cases, circumstantial evidence may be sufficient. I suggest you contact an attorney in your area to discuss the matter further.

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Ask a Lawyer: If I want a divorce after only 8 months, what can I do?

Nov 29, 1999

Question:

My spouse is verbally abusive. Can I file after only 8 months of marriage?

Answer:

I cannot answer your question specifically in relation to the laws of New York as I am not licensed in that State. In my jurisdiction I would suggest that you simply file for divorce. If you need to prove grounds in your jurisdiction make a claim that he is mentally, emotionally and verbally abusive and that a reasonable person can not be expected to continue in the marriage. If you do not believe you can prove sufficient grounds (and grounds for divorce are required in your State) you can filed for a Legal Separation. After a period of time if you have not reconciled after the Legal Separation you can convert the Separation into a Divorce.

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Ask a Lawyer: Is one week out of the house "abandonment"?

Nov 29, 1999

Question:

My wife and I have a 2.5 yr old and she is 7 months pregnant. Over the 1.5 yrs, we have had problems. We have seen a counselor for 6 months and nothing is getting better. She said that if we cant get along, I should move out of the house to cause less stress on her pregnancy. I suggested in counseling (per the counselor's advice) that we have a trial seperation. I have staying at a friend's house for a week and now my wife is accusing me of abandonement. Is she correct?? How do I proceed with a seperation and divorce??

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Virginia. Most likely, abandonment is a term she has heard somewhere and is not sure about the usage. Even if abandonment is a ground for divorce in your state (speak to an attorney to find out if abandonment is an issue in Virginia), one week is not a significant amount of time. It sounds like you should speak to an attorney as soon as you can so you can determine how to move forward with a divorce or separation.

Posted by: admin | Comment (1) |
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