Divorces require a couple to reach an agreement when possible to avoid a contested divorce. If the couple fails to reach an agreement in mediation, they may have to participate in a divorce trial which can prove quite costly. Couples should make efforts to reach an agreement before starting their case if possible. An uncontested divorce is only possible if both parties agree to the terms of the divorce and do not fight the divorce. Child custody and support are common areas where couples fight and increase the time it takes to get the divorce finalized.
Choosing the Right Divorce Grounds
Couples that do not wish to assign blame in a divorce case use irreconcilable differences as their divorce grounds. It indicates that neither party is held accountable for the breakdown of the marriage, and they both accept equal responsibility. In the cases, the couple is not required to present any evidence of wrongdoing to substantiate a claim against the other. However, fault-based divorce grounds will require the petitioner to present evidence.
Adultery is a fault-based divorce ground that indicates that one party was involved in an extramarital affair. The court requires evidence such as call records, text messages, photographs of the accused and the other party, or video footage that shows evidence of an affair. Some couples may use the divorce ground if they had a prenuptial agreement that has stipulations about adultery. It may also present evidence of behavior patterns that may affect either party’s ability to get child custody.
Abandonment is a fault-based ground that indicates that one party choose of their own accord to leave the marriage and failed to provide support for their spouse or children. It is also referred to as desertion, and in some cases, the accused may face alimony payments if the couple was married for a long time. If the petitioner doesn’t know their spouse’s whereabouts, they will need to file a divorce using the service of the public to get their divorce finalized. A legal notice is published in a local newspaper for six weeks before the court can provide a final decree.
Extreme cruelty or domestic violence requires the petitioner to present records of an arrest where they pressed charges against their spouse for abuse or assault. The petitioner may also seek a protection order against their spouse to prevent further injuries. Physical evidence such as injuries is necessary to substantiate the claim, and officers acquire images of the injuries when processing the victim’s statements.
Addiction to drugs or alcohol is another fault-based ground that requires evidence. Even if the spouse wasn’t admitted into a rehab, the petitioner must present evidence that shows the defendant has an addiction. Blood testing or a history of DUIs may substantiate the claim.
Marriage fraud or coercion indicates that the spouse was either married to another person when entering into this marriage, or they hid something vital about themselves. Coercion indicates that the spouse threatened the spouse into the marriage by blackmail or physical threats. Some marriages can be annulled in these cases. If a man is impotent and hid this fact from their spouse or if either spouse was underage when they were married, they can get an annulment.
Incurable insanity or incarceration are used as fault-based grounds. However, with insanity, the spouse must be admitted into a mental hospital for two years and with incarceration, the spouse’s conviction must be at least two years. Divorce petitioners who need advice about divorce grounds can contact Kania Law Office right now.
Child Custody Orders
Child custody orders define the parenting time and whether either party has visitation with the child. Typically, with joint custody, the parents share custody of the child, but one spouse is considered the primary and has the children a majority of the time. The parents work together to set up a visitation schedule that gives them both time with the children, and they determine how the holidays, summer vacation, and birthdays are split with the children.
Cases where a parent is a threat to the children often lead to sole custody, and the opposing parent receives supervised visitation. The cases must involve evidence that shows how the parent is a threat to the children. Supervised visitation requires either a family member to be present to supervise or an officer of the court is assigned to monitor the parent. Typically, this happens when the parent is an addict, alcoholic, or abusive. If the parent is involved in criminal activities, supervised visitation is required. If the parent has abused the child sexually, they could lose all rights to the children entirely. The evidence in the case defines how visitation is conducted or if it is provided at all.
Child Support Orders
Child support orders are set up according to the income of both parents. It is provided to supplement financial support for the children and paid to the parent with primary custody. The state has a calculator that defines the rate of child support according to the total number of children produced during the marriage. Child support orders are court orders and enforceable through the court. If the non-custodial parent doesn’t provide the payments, they can go to jail until the payments are caught up.
Protection Order Stipulations
Protection orders are provided to the victims of domestic violence, spousal abuse, or child abuse. If the subject of the court violates the order, they incur criminal charges for each violation. The orders are used to prevent contact between the victim and the aggressor. The orders may play a role in determining what party receives child custody if the child was abused.
Divorce cases require the petitioner to choose divorce grounds and explain how their marriage ended. If they choose fault-based grounds, they must provide proof of their allegations. Child custody is determined in divorce cases, and the petitioner must work with their spouse to create a parenting plan that is fair to both parties. By reviewing divorce laws, petitioners understand their rights and make decisions to protect their interests.