Divorce fighting

DaCheech

I have a question for anyone interested in debating this:

When a married couple wants to separate, why is it relevant in court on the reasons for it?

If the hubsband is caught cheating, how does telling the court make a diffrence?

If the wife is caught cheating, how??????

Unless there is a prenupt, then shoud not the $$$$$ be split 50/50, and avoid mud-slinging????

It always gets me riled, everytime I hear in the news: Example: Mr. Rich millionaire was caught cheating, and Mrs. Rich millionaire is asking the court for $$$$$$$$$$$$$, plus $$$$$$$$$, plus the yacht, the dog, and bla bla bla.

How is any reasons relevant to money???

jaguarbass

I think different states have different laws. I think you can get a divorce in Florida for 200$. But once somebody decides to contest or sue the other. Then the lawyers get involved. I think that goes for anything in life. If somebody tries to sue you. People often get a lawyer, then it gets complicated.

looking_glass

I can tell you from personal work experience, grounds for divorce are set forth (i.e., adultery, mental cruelty, irreconcilable differences and abandonment, etc.) in your petition. But most divorce attys will not drag all of those grounds out at the time of the trial. It is usually just ID. The reason being that you have to prove all the other things and ID is easier to prove.

I am new to the area of divorce and it is one of the most depressing areas of law. It sucks, especially when kids are involved.

As for the financial side, in IL it does not matter if someone cheated or not, people do not get more money if they stayed faithful. IL judges frown on dragging parties thru the mud. However, you can come across a client who feels that they have been wronged and they want adultery to be one of the points brought out in trial. Regardless of how much you may argue with the client, if they have grounds and they want it, you are their advocate and usually pursue the case to the best of your ability based on their wishes and if the law supports you. Case law is still out there about the unfaithful spouse, so until the weight of the case law changes, we will continue to pursue a case based on the evidence, law and client's wishes.

J-ex-W

Marriage was originally the sealing of a business contract.

Originally, of one male party handing over a female to another male party as part of an agreed upon business arrangement between the two men. Since then it is still an agreed upon arrangement--between the man and the woman now--and, like a business contract, one must show contract has been breached by the other party in order to legally get out fulfilling their end of the contract.

Newer attitudes are allowing for mutual choice to end the arrangement amicably which, in my opinion, honors the initial spirit of a marriage contract better, anyway. Mutually deciding to bond for love...mutually decide to split for...whatever human failings got in the way.

As for why the news points out that so-and-so cheated...hey--that stuff's racy and good as gold for spicing up an otherwise quite dull news story.

Just my 2 cents.

moggy lover

Not only do different states within the USA have different laws, but different countries do as well. In Australia, no reason for the breakdown of marriage is needed, only that by mutual agreement the breakdown has occured.

Cheers

DaCheech

In laymans terms, if the law does not allow a divorce, unless certain terms are met..... then 1 of the 2 mates can deny the divorce???

looking_glass

I don't understand your question. A person who is served w/ divorce papers can do 1 of 2 things: nothing - thus allowing the divorce to happen or 2 fight it, incurring fees and costs.

A person can deny the allegations of adultery, but if they are proven (like in our case the man had a child w/ the woman he denied having a sexual relationship w/) then it just makes the person who denied the claims to be a liar and if they filed a verified answer to the petition, then they are in bad shape, or if they testified during their deposition under oath that they did not "have sex with that woman" then once again they are in bad shape if they are proved to be lying.

What we always tell people is to be truthful, because attys can get around the truth, it is harder to get around a lie.

You cannot "deny" a divorce. You can only deny the allegations. Anyone can file for divorce. What would seem strange is if someone wanted to fight the divorce, why would you want to stay married to someone who did not want to stay married to you.

owenfieldreams

unfortunately, in today's litigious society, marriages aren't worth the paper they are written on. if you legally marry, you are putting yourself at risk, financially and otherwise, especially if you are the main breadwinner. It shouldn't be that way, but that IS the way it is.

UnConfused

Well marriage is a contract, a promise, between two people and if one breaks it and the other one honors it...it does seem logical that some sort of validation should be given. It's not that wacky that the hurt person in the marriage feels a bit more entitled.

abbagail

Typed a few divorce pleadings in my day, in Florida, 1980s job w/attorney... and no reasons were needed. Only the simple words "irreconcilable differences." I think they call it "No Fault" divorce.

Unfortunately, I don't remember much more than that re: the proceedings... all I did was the dictaphone typing... :-/

/ag

Divorce fighting

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