If she can't prove this to the court, the judge will deny the divorce, but she can then refile on no -
fault grounds if she's determined to end your marriage.
Not exact matches
Purists will
fault them on technical
grounds: as District Attorney, Arthur Branch rarely (
if ever?)
Specifically,
if you live in a state that allows divorce on
fault grounds (all states except these 17), being intimate with a new partner could - potentially - bring accusations of adultery.
If your loved one was killed in a car accident, particularly a collision between two or more vehicles, and the accident was not your loved one's
fault, these could be
grounds for a wrongful death case.
Ohio allows divorce on the
grounds of incompatibility but
if grounds are disputed, you may have to prove that your spouse was «at
fault» in some way in order to terminate your marriage, such as adultery or abandonment.
Whether your injury will heal in time or will result in a lifelong disability,
if someone was at
fault for causing the accident that hurt you, you might have
grounds to seek compensation through a personal injury claim.
The no -
fault grounds of divorce that are available in Virginia are an intentional, permanent separation which is continued without interruption for one year, or for six months
if there is a complete Separation Agreement and there are no minor children.
If the wounds you suffered required significant medical care or resulted in permanent disability or disfigurement, you most likely have
grounds for a claim — as long as someone else was at
fault for what happened.
Whether your injuries were minor or serious,
if they required medical care and someone else was at
fault for the accident, you have
grounds for a
Whether your injuries were minor or serious,
if they required medical care and someone else was at
fault for the accident, you have
grounds for a personal injury claim.
Work with a car accident attorney to find out
if you have
grounds to file a claim against the at -
fault party and to discover what your claim's full value is.
You can still qualify for a no -
fault divorce on
grounds of irretrievable breakdown
if you've been separated for two years.
If your situation qualifies for one of Illinois's
fault - based
grounds, you can file your divorce on that ground, but you must prove the ground is valid.
Prior to the Family Law Act of 1969, couples in California could only divorce
if they could plead
fault - based
grounds such as adultery, extreme cruelty or desertion.
Your spouse's cooperation is not required when you file, even
if you choose not to cite
fault grounds in your divorce complaint or petition.
If you want to file for divorce on
fault grounds, this would probably preclude filing a joint petition because your spouse would have to agree in the petition that she was guilty of marital misconduct.
This can protract your divorce process and it may take considerably longer than it would have
if you had filed on no -
fault grounds.
If your divorce is uncontested, you probably filed on no -
fault grounds.
However,
if he uses a traditional
fault ground, such as adultery or cruelty, he must ultimately produce a witness to testify under oath such
grounds occurred.
Mississippi recognizes 12
fault - based
grounds for divorce, and
if you choose to file for divorce on one of these...
Moreover, Georgia courts allow either spouse to file a divorce petition on no -
fault grounds, even
if the party filing the petition is the spouse who commits adultery during the separation.
If you file for divorce under one of the
fault - based
grounds, including adultery, impotence, extreme cruelty or abandonment, you have the burden of proving your allegation.
If your spouse files for divorce on
fault grounds, and you contest them, she must establish to the satisfaction of the court that you did what she's accusing you of doing, such as adultery or cruelty.
If you and your spouse have lived apart for at least a year, you can file on South Carolina's no -
fault grounds of separation.
If you can not provide sufficient evidence to prove the adultery, the court can not grant your divorce based on that ground; you may be able to use your state's no -
fault grounds instead.
If any of your spouse's allegations are true and can be proved, such as having sex while separated, you may wish to file for divorce on
fault - based
grounds rather than risk a denial of your divorce.
However,
if adultery is the cause of your divorce, you have the option of filing for divorce based on adultery or on no -
fault grounds; the results of your divorce will likely be similar, either way.
In states where the only no -
fault ground available is a lengthy separation, you can hasten your divorce along
if you cite
fault grounds instead.
In some states,
if you cite no -
fault grounds, no separation period is necessary.
If you filed on no -
fault grounds, you've already waited a year, so going through the logistics of a trial can extend the proceedings much longer.
The downside is that you run the risk of antagonizing your spouse
if you cite
fault grounds.
If you're not concerned with casting blame when you file for divorce, Tennessee also allows you to file on no -
fault grounds of irreconcilable differences.
If you are filing for a
fault divorce in Mississippi —
grounds for such a divorce include adultery and impotence — you are required to notify your husband at least 30 days before your case is scheduled to be heard in family court.
If waiting the proscribed separation period is not feasible, your only other option is to file for divorce on
fault grounds.
However,
if you use one of New Jersey's seven
fault grounds, it becomes a bit more complicated.
Prior to 2010, couples could only divorce
if they had
fault grounds or
if the couple was separated for at least a year.
If your spouse walked out on you, and if you want to base your divorce case on his wrongdoing, you may attempt to prove it during the divorce proceedings, unless you live in a state that does not recognize any fault ground
If your spouse walked out on you, and
if you want to base your divorce case on his wrongdoing, you may attempt to prove it during the divorce proceedings, unless you live in a state that does not recognize any fault ground
if you want to base your divorce case on his wrongdoing, you may attempt to prove it during the divorce proceedings, unless you live in a state that does not recognize any
fault grounds.
If you choose to file under one of Massachusetts»
fault - based
grounds, you bear the burden of proving the
grounds exist.
If you choose to file on
fault - based
grounds instead, such as adultery or desertion, you must prove to the court that the
grounds you allege exist.
They can still use no -
fault grounds, even
if they have not reached a separation agreement.
In New Jersey
if either spouse lives apart in a legal separation for 18 months, then either the husband or the wife can file for divorce under the no
fault grounds.
You also must file for a contested divorce
if you are using one of the
fault grounds for divorce.