Understanding Your Rights in a Divorce
Once you’ve decided to get divorced, it is essential to understand your legal rights. There may be multiple issues involved in your case such as property division and alimony/child support payments.
If your case is complex, you may want to consult an attorney. This could be beneficial if there are matters such as military pensions or business valuations that need to be clarified.
Infidelity and adultery
Cheating is a serious breach of trust that can have disastrous results for any relationship. It has the potential to irreparably break down the bonds of marriage, leaving one partner unable to trust their spouse and leading them to seek divorce.
Infidelity during a divorce case can have an immense effect on alimony, child custody and property division. However, there are exceptions to this general rule.
First, if one party’s adultery is a factor in the dissolution of their marriage, then the court may take into account when determining what’s fair to each party. This is especially true when one has been using marital assets on an extramarital affair or has begun seeking another extramarital partner.
This can present a challenge, as the court wants to guarantee both parties are able to move forward with relative financial security. When making their decision, judges take into account all circumstances surrounding the divorce and any behavior which affects these elements.
Proving your spouse of cheating on you can be a challenging task, since the evidence must be “clear and convincing”. This means providing more than just eyewitness accounts or photos to prove it.
If you wish to prove your spouse’s adultery, then you must provide direct or circumstantial evidence that they engaged in sexual intercourse outside the marriage.
Circumstantial evidence can include photos, GPS records, video or other photographic proof of an adulterous spouse and their paramour having sexual activity in public or private places. It could also serve to prove a spouse’s “predisposition” to commit adultery or that they had the “opportunity” to act upon that desire.
A lawyer knowledgeable in family law matters can assist you in understanding whether a spouse’s extramarital conduct will impact the outcome of your divorce case. If you believe this behavior could negatively impact the outcome, then it is wise to book a consultation with an experienced attorney as soon as possible.
Cruel and inhuman treatment
If your spouse has engaged in extramarital affairs, you may be eligible for divorce on grounds of cruel and inhuman treatment. You must demonstrate that their misconduct was detrimental to both of you, with harm occurring to either of you as well as putting both of you in jeopardy.
To prove a divorce on this ground, your conduct must have been repeated and so severe that continuing the marriage would put your spouse’s life, limb or health at risk. While proving such grounds in court can be tricky, with sufficient evidence and creative thinking you may be able to convince a judge to grant you divorce on this basis.
One way to prove cruelty is having several independent witnesses testify that your spouse’s conduct was abusive and harmful. You may also use medical records and photographs as evidence to back up your claims.
A chancellor must review all evidence and determine if witnesses are credible or not. It is the court’s duty to guarantee that witnesses’ accounts are true, balanced against other evidence presented in the case.
It is essential to remember that a chancellor’s decision is final and cannot be overturned unless there was an error or failure to adhere to legal standards. As the Supreme Court has held, “The chancellor’s findings will not be overturned unless manifestly incorrect.”
It is the responsibility of a chancellor to weigh all evidence and determine which facts are reliable and which aren’t. This can be tricky when one party offers contradictory testimony or there are no reliable witnesses present, among other issues.
Another aspect to consider is whether your spouse’s misconduct was isolated or widespread and severe. Isolated acts tend to be seen as more abusive.
If you can prove your spouse’s behavior was severe enough to render their life incompatible with yours, you may be eligible for restraining orders and a temporary divorce order on this ground. Under the law, victims of domestic abuse can request these orders and an ongoing permanent protection order at the same time they file for divorce.
Abandonment for more than a year
Abandonment in a marriage can be one of the most devastating experiences for couples. Not only does it put immense strain on finances and family ties, but it can also cause intense grief, anger, remorse and stigma that often follows abandonment.
Before filing for divorce in Suffolk County, it’s essential to consult with a knowledgeable divorce attorney. This will enable you to decide if abandonment can be used as grounds for divorce.
If you are filing for divorce based on abandonment, evidence is needed to back up your case. This includes proof that the abandoned spouse hasn’t lived in the marital residence for at least a year and failed to fulfill financial obligations during that time period.
Generally, spouses are not considered to have abandoned their partner if they flee for safety. This includes spouses who fear violence and abuse. However, if someone leaves the marital home to avoid paying support obligations, this may be seen as an act of abandonment.
Another form of abandonment is constructive desertion, which occurs when a spouse leaves the marital home despite repeated requests to stay. This could include refusing sexual intersession with the other spouse or leaving without apparent cause such as moving out of state or living with abusive family members.
Child custody rights may also be affected by abandonment. A court can rule that a parent who has neglected their children for extended periods of time is unfit to parent, and in such cases the other parent may be granted custody.
In many states, abandonment can be used as a basis for divorce. To prove that your spouse abandoned you and caused the separation, it must be demonstrated that their actions.
It is essential to remember that abandonment does not imply you should give up your share of the marital estate or spousal support. Although courts won’t consider this a valid reason for granting alimony, it could affect property division and child custody arrangements.
Irreconcilable differences
Irreconcilable differences are one of the grounds couples can use to file for divorce. These issues should be taken into account, as they could influence how a judge will rule in your case.
Many states, such as California, recognize irreconcilable differences as a grounds for divorce. This is considered a no-fault ground and doesn’t require proof of wrongdoing from either spouse. This simplifies and expedites the process of obtaining a divorce.
If you decide to file for divorce due to irreconcilable differences, it is essential that you have a complete understanding of what this term implies. Additionally, consulting with a divorce attorney who can answer all your questions and guide you through the process can be extremely beneficial.
Factors that may lead to marriage becoming irreconcilable include frequent or escalating arguments, difficulties communicating, and difficult in-laws.
Furthermore, incompatible sexual drives are not uncommon and can create considerable tension within a relationship. Furthermore, extended families can get in the way of couples’ happiness.
Though these are just a few reasons couples divorce, they represent significant issues that are difficult to resolve. That is why it is essential to speak with a Murrieta divorce attorney about your individual problems and that of your partner.
Another essential factor when seeking a divorce is how long the issues have existed. In some instances, these can persist for months or even years before a marriage becomes irreconcilable in the eyes of the court.
However, New York requires these problems to exist for a minimum of six months before either spouse can file for divorce. If the issues continue beyond this time period, no divorce will be granted.
A divorce lawyer can assist you in deciding whether to file for a no-fault or an at-fault divorce. For assistance filing your divorce petition, reach out to The Law Offices of Michael D. Iverson, APC today to arrange an initial consultation.
