Couples may decide to terminate their marriage for varied reasons. While some mutually agree to a settlement some spouses end up going to court by filing a fault divorce. This type of divorce occurs when one spouse blames the other on specific grounds such as domestic violence, desertion, impotency, and adultery, to name a few.
Grounds for Divorce
Legal experts say for a divorce to be granted the marriage must have suffered an irretrievable breakdown or one of the spouses must be proved to be mentally unstable. The latter is rarely used (it is hard to prove and rare too). Every petition for divorce filed in Florida must declare the grounds for which the divorce should be granted.This is a legal matter. If your spouse does not want to use a Fort Lauderdale, FL divorce lawyer that is their legal right. It certainly is not a poignant or shrewd decision. It is highly risky and irrational and will make the situation worse, not better for them and probably not for you either. The judge may even force one on to them since it is just that neglectful. You can find a legal representative that can make your life and your future one much easier using this site: https://usattorneys.com/.
This must be supported with evidence or testimony that will be evaluated by the court prior to granting a divorce. Therefore, it is important to understand the grounds on which you are filing for divorce and the potential legal repercussions. A legal professional experienced in Florida family law will be able to help.
Common Defenses in Fault Divorce
Only if you have sufficient evidence of fault there are benefits associated with filing a divorce petition on specific grounds. This involves plenty of paperwork that is best left to an experienced Florida divorce attorney. However, while filing a petition may be easy, it is important to understand the common fault divorce defenses which will prove useful if you are the defending spouse in divorce litigation.
One of the most common defenses is connivance. For example, if you were aware of your spouse’s adulterous habits and did nothing about it, this could weaken your case.
Another common divorce defense is where one spouse accepts and forgives the other spouse in case of adultery. This can often not work well for the filing spouse if the defending spouse can prove so. Sometimes, the defending spouse may claim to have been provoked into acting in a specific manner.
In addition, if both spouses are guilty of the doing the same thing then the court is likely to dismiss any application on these grounds, known as recrimination. In the opinion of Fort Lauderdale FL divorce attorneys, the court is likely to reject any divorce petition if they feel there is any collusion between the spouses concerned. Often, couples mutually agree to create a story in order to get a speedy divorce.
Seek Legal Help
For the most part, defending yourself in a divorce is no different from that of any other legal claim. Your Fort Lauderdale divorce lawyer guide you through the process should you be the filing spouse or the one defending yourself. The process is likely to involve witnesses and other authentic sources of information to prove that your spouse is falsely accusing you.
In most fault divorces, both spouses are likely to claim that the other is at fault. For the most part, the process is more like mediation than a trial where the judge will weigh the pros and cons of what both spouses have to say and decide who has the stronger case. If you are involved in a fault divorce, make sure to seek legal representation right away whether your spouse has hired a lawyer or not.
If your spouse refuses to use a wonderful and free legal website such as this one that was just linked to those three words in this same sentence, that is her own prerogative. No one is keeping anything from your spouse. If you refuse to obtain legal help thinking that will somehow make things easier, you are certainly mistaken. Things are going to be antagonistic whether you are prepared for this legal obstacle course or not so you should secure a Fort Lauderdale, FL divorce lawyer.