Three “Fault Divorce” Arguments You Should Know Inside and Out Before Hiring a Family Law Attorney
It is very possible that you have heard the somber statistic that over half of all marriages in the US end in divorce. When at least one spouse is intent on ending a marriage, their partner can delay but not prevent it from happening. If you and your spouse have to go through this tough time, one of the issues that may come your way is whether or not the fault rests with one person. When it is determined that the separation is a “no-fault divorce,” the reason may be labeled “irreconcilable differences.”
An affair is a common grievance for arguing that the person at fault is the one who was unfaithful. However, the individual who was not faithful can fight back against this “fault” claim if they can prove that their spouse knew about the deceit, but forgave or condoned the behavior. This is an example of one way that a divorce lawyer might defend against the charge of an extramarital affair.
Connivance is a legal term that may have relevance in a “fault divorce.” In this case, a person sets up their spouse to do something that would cause problems that would threaten the marriage. One common way for connivance to occur is if a woman manipulates her husband into being isolated with his mistress. In such situations where a set up like this is plain to see, an attorney might use connivance as part of their defense.
There is also a legal tactic that is called provocation. When this happens, one person in the marriage is accusing the other of inciting them to do something that is a foundational reason for the divorce proceedings. For example, a spouse might sue their husband or wife for divorce on the grounds that there was abandonment for a specific time period. However, the legal response could include provocation to explain what ultimately led to one spouse abandoning the other. The details of the abandonment, length of time, state laws, and other aspects will also matter a great deal.
No matter what side you find yourself on in a divorce proceeding, finding an attorney with a solid track record that you believe in is a crucial piece of the puzzle. Each state’s laws will differ, but all are designed with the basic notion of helping individuals end a marriage in a manner that is fair to all parties. When you are about to enter into a divorce that may involve proving whether one person can be faulted, the legal concepts discussed here can be a great help, and also remember that there are even more ways to see that your interests are fairly represented.