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.
Not exact matches
In 1979, Judge Weant began his decision in a family law case by observing that «The
basis for this argle - bargle was laid with the
filing of a decree
of divorce....»
While shedding further light on an aspect
of the law seldom visited, highlighting the risks involved in
filing documents in a manner which can not be tracked / traced and illustrating the types
of complication with which the courts will increasingly have to deal with ever more litigants in person, the case is perhaps most striking
for what it highlights about the current fault -
based divorce system.
In the absence
of any answer, Mrs Price
filed an application
for decree nisi on the
basis that the
divorce was undefended.
In a piece recently reported by the CBC News, and well as a post from Huffington Post Canada it seems that January is the prime time
of year
for couples to initiate
divorce,
based on the number
of court -
filed applications.
One year after the
filing of the Court's judgment
of separation, either spouse may sue
for a «no - fault»
divorce,
based upon one year
of living apart.
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.
The
filing of a complaint and answer opens the door
for spouses to resolve some issues on a «pendente lite»
basis, or until the
divorce is final.
In two situations —
filing for divorce based on abandonment, and
filing for a so - called «conversion»
divorce — you are required to live separately
for a period
of time before the
divorce is granted.
A spouse can
file for divorce based upon the no - fault ground
of incompatibility, which requires little proof, but an Ohio court can only grant a
divorce based on incompatibility if both spouses agree.
Instead, the
filing spouse can
file for divorce based on another
of Ohio's grounds.
Mississippi recognizes 12 fault -
based grounds
for divorce, and if you choose to
file for divorce on one
of these...
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.
The availability and usefulness
of filing for a fault -
based divorce is highly dependent on the laws
of the state where you live.
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.
In order to
file for divorce, you must be separated from your spouse
for more than six months, unless the
divorce is
based on some type
of spousal misconduct, such as cruelty or abandonment.
There are more than a half a dozen grounds
for divorce New Jersey but in my experience since the law was modified in 2007 to allow
for the
filing of divorce based upon «irreconcilable differences», most people choose to
file on those grounds.
In the alternative, the
filing party can cite a fault -
based reason
for the
divorce, including adultery, extreme cruelty, willful desertion or neglect, habitual intemperance or the conviction
of a felony.
For example, you can file for divorce based on the no - fault ground of incompatibility or the at - fault ground of adulte
For example, you can
file for divorce based on the no - fault ground of incompatibility or the at - fault ground of adulte
for divorce based on the no - fault ground
of incompatibility or the at - fault ground
of adultery.
Term alimony is
for a specific number
of years, usually
based on the number
of years between the date
of marriage or cohabitation and the date the complaint
for divorce was
filed.
Child custody decisions are not made on the
basis of which parent initially
filed for divorce.