A fault-based divorce is when one spouse proves that the other provides valid fault grounds for divorce. If you are going through a divorce and would like to cite fault grounds, do not wait to reach out to our skilled Somerset County divorce attorney. Our legal team is on our side.
What fault grounds can I cite in my divorce?
There are several reasons a spouse can cite fault grounds against their spouse. The following are just some examples of common fault grounds that can be cited in a divorce:
- Desertion
- Extreme cruelty
- Adultery
- Narcotics addiction or alcoholism
- Imprisonment
- Deviant Sexual Misconduct
- Institutionalization due to mental illness
You will also need to recognize that as a filing party, you will have the burden of proof. This suggests that you will need to collect as much evidence as possible pointing to your fault grounds allegation. With the help of an experienced attorney, you will be able to obtain support at each step of the process.
What is the difference between fault and no-fault divorce settlements?
With both fault and no-fault divorce settlements, the equitable distribution process applies. This means that all marital assets will be divided equitably for both kinds of divorce.
The main disadvantage of fault-based divorce is that it can often be denied by the court if insufficient evidence of fault is shown. Meanwhile, no-fault divorces are almost never denied.
Because of this, fault-based divorces have more risk. It can put stress on the spouse who is citing fault because the result is not promised.
That is why if you are going through a fault-based divorce, you will profit from retaining the services of an experienced Somerset County divorce attorney. Our legal team can help you with filing the various documentation and paperwork required to have a successful outcome. Additionally, our attorneys will walk you through each step of the process ahead and help you to evaluate your options for fault ground citings. We will work to assure that your fault-based divorce is given. It is our mission to make sure that our clients gain a divorce settlement agreement that is fair and most favorable to them. To learn more about how our firm can help you, do not wait to give our firm a call today. Our firm is on your side no matter what. All you have to do is reach out.
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If you require experienced legal representation for a matter of Family Law, Supplemental Security Income, Medical Malpractice, Social Security Disability, or Legal Malpractice, Siragusa Law Firm is here to help. Contact our firm today to schedule a consultation so we can discuss your case.