In addition to ending a relationship, which can be painful in itself, there are a whole host of issues the couple needs to sort out during a divorce. It’s complex, and it’s a lot of work. And it begins by determining the grounds (i.e., the reason) for the dissolution of marriage.
Most states have adopted “no-fault” divorces, and many people take advantage of this, citing “irreconcilable differences” as the grounds for divorce. Filing on the grounds of “irreconcilable differences” means the disagreements between the spouses have caused the marriage to break down beyond repair, and any attempt to reconcile would not be in the best interest of the spouses or children. This filling allows a couple to begin the divorce process from a less contentious position which usually leads to a more mutually beneficial outcome.
Some states provide for “at-fault” divorces, where it will need to be proved who is at fault for the marriage breakdown. Examples of fault-based grounds are adultery, cruelty, desertion, or impotence, to name a few. However, it’s not enough to say your spouse is cheating—you’ll need to prove it. It is also not enough to say your spouse left and deserted you; you’ll need to prove it. That means showing the court they cannot be found anywhere, even through mail, text, social media, family connections, etc.
In addition to having the burden of proving this claim, the judge ultimately may not give you more of the assets just because your spouse left. You’ll have to spend money to prove your claims. This may be worth it but might not leave you with more in the end.
If you’d like a more detailed description of the divorce process, check out Cindy Campbell’s new book, “Legal Things Parents Should Know,” or call or email us at 866-566-9494 or Assistant@clcounsel.com.
This is for informational and promotional purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. The use of the information contained herein does not create an attorney-client relationship between Campbell Long and the recipient.