Is it worth going after a fault by adulatory divorce? Will I make out better in court than with a simple no fault divorce?
A no fault means you are both agreeing that you do in fact want to be divorce so you can skip fighting about the grounds for the divorce and go right to the other issues like dividing the property and any issues disagreed upon about the children. There are usually not any good reasons to fight over the grounds. HOWEVER, this is general advice. Go see a divorce attorney in person to discuss this matter. The attorney will need to ask you many more questions before giving an proper opinion about the outcome of your case.
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.
People tend to get confused about what "fault" vs. "no fault" or "contested" vs. "uncontested" means when it comes to divorce. Generally speaking, when you file under "fault" grounds (ie. abandonment, adultery, etc.) that fault must be proven through evidence at trial, whereas a "no fault" divorce means that the two of you have just gone your different ways and agree to disagree. Contested means that the two of you do not agree on the terms of the different issues (ie. custody or support) that must be agreed upon. Here's the problem: if you file alleging "fault" (ie. adultery), if the judge can't find enough evidence, your divorce cannot be granted...it's just easier to agree to disagree and everybody goes on their own way.
In South Carolina there are 4 fault grounds for divorce, adultery, physical cruelty, habitual drunkenness, and desertion. The no fault ground for divorce is one year continuous separation by both parties.
It can be worth it to do a fault divorce due to a shorter period of time, no waiting a year and depending on the fault ground such as adultery completely bars alimony. Contact a divorce attorney for more info on your options
Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning probate wills living trust special needs trusts personal injury accident and divorce and family law and entertainment law. For further information visit his website at http://www.ekglaw.com . Follow on Twitter http://twitter.com/#!/ekglaw Like on Facebook http://www.facebook.com/ekglaw . Avvo http://www.avvo.com/attorneys/29401-sc-evan-guthrie-3562169.html LinkedIn http://www.linkedin.com/company/2526866 Google + https://plus.google.com/107399604138666247588/about Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813
This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. Evan Guthrie is licensed to practice law throughout the state of South Carolina. For further information visit his website at www.ekglaw.com <ekglaw.com>.
Your question does not indicate if you are making significantly more money than your spouse. If you are, then adultery could be a bar to paying alimony, if proven correctly by clear and convincing evidence. I agree with Mr. Guthrie on the theory that you can get the divorce more quickly on fault grounds. The statute certainly provides for a nine month shorter time frame; however, very rarely do they end more quickly than a no fault, if there are issues to fight about, such as pension plan division, custody, alimony, etc.
This answer is for general advice and does not create an attorney client relationship with James Mosteller or the Mosteller Law Firm LLC.
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