What Kind of Defense to Use For a Fault Divorce?
Most people expect to get married and stay in the relationship forever. Unfortunately, relationships do not always go according to plan. The worse case scenario is deciding to part ways. If you are considering dissolution of marriage, then it is time to contact a divorce attorneys Austin law firm. Read on to find out what kind of defense to use for a fault divorce.
Choose a Defense
A fault divorce is when one of the spouses are guilty of marital misconduct. A spouse who was affected by the marital misconduct wants to prove the other spouse’s fault. This type of divorce has two requirements. One spouse has to ask for the divorce to be granted on grounds of fault. You also must present evidence to support your case.
A spouse abandoning the marriage for a specified length of time is an example of grounds for a fault divorce. However, every state dies not allow a fault divorce, which means you have to check your state.
You need a defense to prevent your spouse from getting a fault divorce. Condonation is when you approve of someone’s activities. For example, a wife who does nothing about her husband cheating is said to condone it. If the wife sues her husband in the divorce for adultery, then the husband can argue that the wife condone his behavior.
Unfortunately, some spouses are guilty of trying to sabotage their spouses. This behavior is called connivance, which means to set up a situation. For example, a wife who invites her husband’s lover to live in their home is considered connived actions. To counter a fault divorce, a husband can say he was set up by his wife.
A defense of provocation is when you provoke someone to do something. You have some spouses who leave the marriage for a while and come back. On the other hand, a spouse may leave the marriage and never return. If a husband claims in a divorce that his wife abandoned him, then the wife’s defense can be that the he provoked the abandonment.
Collusion is another defense when countering claims made by your spouse. Some states require couples who are getting a no fault divorce to separate for a certain amount of time. A couple who do not want to go through a separation may pretend one of them is at fault to have a ground for divorce.
These actions are known as collusion. The couple is cooperating with each other to mislead the judge. If a spouse decides he does not want the divorce, then he or she can use collusion as a defense.
Life is too short to be unhappy. If a relationship is unhealthy, then you should part ways. You should talk to Noelke Maples St Leger Bryant, LLP after deciding to get a divorce. To win your case, you have to present evidence to support your case.