Hi, my name is Kirsten Krueger and two years ago, I was in a car accident. I was stopped at a stop sign when the driver behind me slammed into my car. Due to my injuries, I had to spend a few days in the hospital and I was unable to work for two months. My medical care was expensive and without being able to work, I couldn't pay my bills. The car accident was stressful enough and then I had to worry about how I would pay my bills. After speaking with a car accident lawyer, it wasn't long before I was compensated for my medical bills and lost wages from work. I'm writing this blog to help others who have been a car accident and haven't received any compensation. As you read my posts, you'll learn how an attorney can help you if you're in a vehicle accident.
While marriages begin with the best of intentions, sometimes they just don't work out. You might find yourself having to file for a divorce if you have come to the conclusion that the marriage is not working. If it is an especially messy affair such as a fault divorce, you need to have an attorney to help ensure you get the best settlement. It is important that you know more about what a fault divorce entails so that you are prepared, whether you are the one filing or the one at fault.
What Is A Fault Divorce?
The basic premise of a fault divorce is that one partner files for dissolution of the marriage because of the fault of the other partner. Some of the most common reasons cited for filing for fault divorces are adultery, abandonment for a considerable amount of time, imprisonment, emotional or physical cruelty, and inability to physically have sexual intercourse. If you are the one who is filing for divorce on any of these grounds, it will be upon you to prove that your partner is at fault. Similarly, they will be supposed to prove you are at fault if they are doing the filing. You should note that the spouse that is proving fault has a likelihood of getting a larger part of marital or spousal support. Therefore, having a divorce attorney is important.
Comparative Rectitude
Sometimes during a divorce, both you and your partner might make a case that each other is at fault. In this instance, the court will rule in favor of the party who is least at fault. They will be granted the divorce and might get a larger part of the property divided. Having a good divorce attorney will increase your chances of being declared least at fault in this process of comparative rectitude.
Defenses to Fault Divorces
You should know that there is a chance for you to contest the fault divorce by disproving the allegations made. Likewise, your partner can disprove those reasons you advanced as a reason for the divorce. Some of the defenses include connivance, recrimination, provocation, and collusion. In order to give an effective defense, you might be required to call in witnesses. This means that the entire divorce process will take more time and might cost more. However, in all these instances, you need a capable divorce attorney to help you through the process.
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