There are various grounds for divorce in Florida that are commonly used by divorce lawyers. These grounds include spousal abuse, adultery, desertion, unreasonable behavior and fraud. Thus, it’s quite possible that all, if not most, future divorce proceedings will be filed under this ground alone, though all other grounds remain available as well.
Still, there is an argument that the grounds for divorce should not even be mentioned in the beginning because it creates a climate where there is less room for negotiations and compromise on the part of either party. Divorce lawyers are trained to present their client’s best case and do so with flair.
In order to prove fault for divorce in New York, your attorney will require stronger proof of your spouse’s behavior than you might be able to provide on your own. This is because in this setting, the court requires stronger proof than the judicial proceedings at home. The courts in New York take what they see as a more concrete evidence of wrong doing by their spouses.
In addition to proving negative conduct on the part of your spouse, another of the grounds for divorce in New York that your attorney will have to prove is that you were at fault for the entire incident. If you have been accused of some serious wrongdoing in the past, your divorce petition will need to contain copies of police reports and court documents pertaining to this matter. Your attorney will need to supply copies of any witnesses that contradict your spouse’s version of events. This evidence may be very damaging to your spouse and is crucial to winning the case.
Another type of ground for divorce in New York is that you have acted in a way that increases the likelihood of your divorce. This could be for a variety of reasons, such as lying, cheating, violence or desertion. Your divorce paperwork will need to include a copy of the order of protection or other court order that has been filed against your spouse. The judge will hold a hearing to determine whether or not you broke any of your obligations under these orders.
If your marriage is coming to an end due to this type of reasoning, then you must prove that you are seeking a divorce with all the appropriate proofs. Many people believe that proof of infidelity is all that is necessary in the state of New York. However, this is not true. In order to obtain a no-fault divorce in New York, your attorney will need to provide proof beyond a simple suspicion that your spouse is having an affair. These types of investigations often include checking business records and cell phone records. Having evidence can sometimes be more valuable than mere suspicion, said a family lawyer Lennon.
Although it may seem like a pain to go through a divorce, if both you and your spouse can reach an agreement on the grounds, you may find that it can be much easier. Uncontested divorces are usually faster to settle than contested divorces. The less time you spend fighting in court, the sooner you can move on and start your new life. Therefore, when possible, it may be a good idea to just agree on the divorce itself, rather than fight it in court.