I am filing for divorce after a domestic violence incidence. My husband has a severe and lengthy drinking problem that has come to the point that it is dangerous. We have only been married 2 years and the excessive drinking started soon after we were married. This last incidence he was charged with domestic assault & battery and intimidation of a witness, though the police have been called a few other times to remove him from the home, this was the first incidence were charges were filed. I am wondering if it is of any value or help to file for a fault divorce over a no-fault? I know the no-fault is usually quicker and easier, but I do have multiple evidence items to prove the drinking and abuse. Just not sure if there is any benefit to filing a fault. We bought a new home 3 week prior to the incident and I put down a substantial amount more than he did from the profits I had from a home I sold that I owned for more than 11 years on my own. I am trying to protect that amount in hopes of only paying him what he put down and have him walk away. Would filing a fault divorce help me in that case?
If you are able to accomplish via Agreement the return of the funds you put into the home purchase from the sale proceeds via an uncontested process, i.e., having a Joint Petition and signed Separation Agreement you will not need to go forward with a cruel and abusive and/or 1B Complaint for Divorce . Conduct is a factor in a 1B divorce as well. You should engage counsel to represent you and not have to deal with the other side pro se.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements