My husband had an affair, left me in January, and has filed for divorce. He agreed to accept "at fault" on the grounds of adultery. But in the original petition the "grounds for divorce" listed were:
"The marriage has become insupportable because of discord or conflict of personalities between petitioner and respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation and that the petitioner has committed adultery"
It seems as though the grounds are listed as being "no fault" and the adultery was thrown in as an afterthought. I want it clear that he is at fault for the divorce. Our marriage was NOT insupportable. He just left. I need the final decree to be clear on that. What should I do to ensure this? Thanks!
To ensure that you have the true grounds for divorce, you must plead them with a counterclaim stating adultery as the fault in the breakup. Ask yourself what you hope to accomplish by pleading adultery and how this can help your case, strategy, etc.
If you have an attorney you should talk to the person you are paying and ask the questions of she/he. If not you need to get an attorney. It is not really clear what your expectations are but an attorney can extract the proper information from you in order to give you an informed opinion about the outcome.
IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.
He had the right to plead the facts as he believes them to be. If you disagree with his pleading, you can deny his allegations and file a counter-petition for dissolution.
If you disagree with his allegations, you deny them, and plead your version.
Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.
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