Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By 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.

Question:

My wife and I are in the middle of a divorce. We unfortunately had sex during an emotional breakdown while we were separated.

Will this affect the divorce case in any way? Do we have to start the whole divorce process over since there is supposed to be a set amount of time we are to be "separated" before the divorce can be granted?

By Rachel Brucks

Men’s Divorce Lawyer, Cordell & Cordell

Divorce attorneys usually frown upon dating during the divorce process because having a girlfriend can negatively impact the outcome of divorce proceedings. Dads should wait until after the divorce is finalized to begin a new relationship.

But what if you and your spouse have found new partners during a drawn out divorce and you both want to move on? If you both agree to allow the other to date during the divorce process will it negatively affect your divorce case?

Question:

There has been domestic violence in our marriage on both sides, some which occurred in front of the children. How will this affect my divorce and my child custody rights?

What if I refuse to sign the divorce papers? Will a divorce still be granted?

Question:

Is having cyber sex or an affair over the phone considered adultery?