There are two different categories for legal grounds for divorce: “Fault” and “No Fault”.

What is “No Fault” divorce?

“No Fault” divorce is when the spouse suing for divorce does not have to prove that his or her spouse did something wrong. Every state recognizes the legal grounds for divorce regardless of who is at fault.

To get a No Fault divorce, the suing spouse just simply states a reason recognized by that state. In most cases, it’s enough to say that the couple cannot get along, (these go by the names “incompatibility,” or “irreconcilable differences”).

In many instances however, the couple must live apart for a period of months or even years in order to get a No Fault divorce. One spouse cannot stop a No Fault divorce. Objecting to a spouse’s request for divorce is itself an irreconcilable difference that would justify the divorce. There is a 60 day waiting period before the court grants a divorce on the grounds of irreconcilable differences.

It is important to do some research for the state you live in since a No Fault divorce is the only option allowed by a number of states. The other states recognize both a No Fault divorce or a Fault divorce.

What is “Fault” divorce?

Fault divorce is a divorce granted on one of the following:

* cruelty (inflicting emotional or physical pain) - this is the most frequently used grounds for legal divorce
* adultery
* desertion for a specified period of time
* being confined in prison for a set number of years, and
* physically unable to engage in sexual intercourse, if it was not disclosed before marriage.

Some people choose a Fault divorce because they don’t want to wait out the period of separation required by their state’s law for a No Fault divorce. Also in some states, a spouse who proves the other spouse is at fault may receive a greater share of the marital property or more alimony.

Since the legal grounds for divorce vary from state to state, choose the grounds that applies to your situation and is legal in your state. Use the guidelines below to do your research.

1) Each state has different laws about divorce. Check the laws of your state yourself or talk to an attorney to define what the legal grounds for divorce are in your state.

2) Some states allow divorce based simply on irreconcilable differences. You don’t have to give any reason other than that.

3) Realize that in some states it is more (or less) difficult to obtain a divorce.

4) Abandonment by your spouse is legal grounds for divorce in some states. There is usually a time requirement before you can file for divorce.

5) You should give consideration on the way your spouse treats you. Many states allow divorce if there is cruel or inhuman treatment.

6) Legal separation is also grounds for a divorce. Many states have a requirement that you must be legally separated for a specified period of time before you can divorce using separation as a reason

7) Serious consideration should be given when using adultery as legal grounds for divorce. Adultery occurs when one spouse has sexual intercourse with someone else during the marriage. Most states require a lot of proof if using adultery as grounds. This can often be very unpleasant and confrontational.

The information provided is by no means a complete compendium of the legal grounds for divorce, rather a basic framework to begin your research. If both partners are in agreement a divorce can be a simple procedure. If not in agreement, it can become a time consuming, tedious, and expensive procedure. Knowing your rights can help alleviate some of this confusion and expense.

As far as the statistics are concerned there is overwhelming evidence that the majority of divorce cases are filed by women. Though the majority of cases go uncontested, there is a sizeable number which are contested by the partners.

There can be several reasons for women seeking divorce from their husbands. Some of them are:

Infidelity: This historically largest cause of the disruptions of marriage continues to enjoy its dubious number one position even today. Infidelity is without arguments the biggest cause of marriages turning towards divorce in the modern age.

The reasons for the same are not difficult to gauge. In today’s day and age men and women spend more time at the workplace than their homes. The long hours being spent at the offices translate into increased interaction with the colleagues. At the same time the amount of interaction at home decreases accordingly. This gives rise to greater chances of striking a wholesome chemistry at the workplace with the colleagues.

At the same time the home life may start to suffer as the individuals get more and more embroiled in the office. There are so many avenues for interaction amongst people that striking a relationship is no longer a distant prospect.

Dominating Behaviour: Man has been the undisputed boss of the family, ever since the concept of family came into being. This trait has got historical underlining to it. Throughout history man has been the chief bread earner of the family. He has had the role of being both the provider as well as the protector of his family. This automatically put him in the place of the family head.

In the modern context things have changed to an extent. The women have also moved out of the hearth to the offices. They are no longer willing to let men enjoy their positioning as the undisputed head of the family unit. Where ever men are unable to come to terms with this new mentality of the fairer sex, a conflict of interests is bound to take place.

In such eventualities men may try to assert their dominance in the family in unacceptable terms. Then it will be the woman who has to decide whether or not she wants to accept the given mentality of her husband and give up her freedom or part ways with him. In today’s date when individualism is at an all time high this conflict of interests becomes another cause of divorce.

Physical Abuse: A marriage is meant to be a loving relationship. There may be discordant notes from time to time, yet these are there even in most healthy associations. However if things are not kept in control, then they can turn into an inferno which can consume the marriage.

This is especially true in cases where the man has a tendency to resort to physical violence. This can break the backbone of even the most understanding relationships. Physical abuse can become truly unbearable for the suffering partner.

There are instances where the woman is the culprit and the man is at the receiving end. These instances are, however, in the minority. In the case of overwhelming physical abuse also, women tend to file for divorce.

Emotional Abuse: As already stated marriage is a relationship of love. If one of the two partners starts becoming overbearing and it begins to impact the life of the other partner negatively, then the marriage is heading towards a collapse.

This becomes true in cases where the husband tries to prove his dominance by giving a feeling of inferiority to his wife. As long as the woman is willing to take the emotional abuse, things are fine. Yet the day she decides to put an end to the trauma, it is a clear signal that either the man has to change his ways or a divorce is looming large on the horizon.

Lack of Communication: This is another area where the women decide to opt out of marriage. Most marriages break on account of lack of communication, after infidelity and abuse. This is not surprising since communication is the bedrock of every human relationship.

If one is unable to communicate his or her deepest desires to his or her partner then a breakdown is bound to happen sooner or later. This can be easily avoided by both partners sitting calmly across the table and discussing various issues. However it does not happen so easily.

Their egos can come into the way. Each partner may wait for the other to make the first move. Or else they may become simply intolerable to each other. Small issues can become big irritants. All this can also lead to the women filing for divorce.

James Walsh is a freelance writer and copy editor. If you would like more information on how to get a quickie Divorce see http://www.quickie-divorce.com

Though no one should presume to understand the circumstances which lead to the decision to divorce, or indeed discount a couples reasoning for divorce, it is worth understanding and considering the statistical evidence which demonstrates the damage divorce can do to a family and child. It is up to a separating couple to identify when and where they can lessen the impact of divorce upon their children, and these statistics may go some way to helping them to identify those areas where children are most vulnerable.

Firstly, an unpleasant truth about marriage in the USA: Half of all marriages are expected to fail before a child reaches 18 (Fagan, Fitzgerald, Rector, The Effects of Divorce On America), and nearly one in four children will see their parents’ divorce twice before adulthood (Furstenberg, Peterson, Nord, and Zill, Life Course).
Now we will take a look at a statistical representation of the various emotional impacts of divorce.

American teenagers in single parent families and in blended families are three times more likely to need psychological help within a given year. (Peter Hill, Recent Advances in Selected Aspects of Adolescent Development, Journal of Child Psychology and Psychiatry 1993)

Unfortunately, when compared to children from homes disrupted by death, children from divorced homes have statistically more psychological problems. (Robert E. Emery, Marriage, Divorce and Children’s Adjustment, Sage Publications, 1988).

Children in divorced families have a greater risk of injury, asthma, headaches and speech defects than those from an un-separated family. (Dawson, Family Structure and Children’s Health and Well Being, National Health Interview Survey on Child Health, Journal of Marriage and the Family)

Sadly, following divorce, children are fifty percent more likely to develop health problems than two parent families. (Angel, Worobey, Single Motherhood and Children’s Health)

In regards to parenting statistics:

79.6% of custodial mothers receive a support award
29.9% of custodial fathers receive a support award.
46.9% of non-custodial mothers totally default on support.
26.9% of non-custodial fathers totally default on support.
[Technical Analysis Paper No. 42 - U.S. Dept. of Health and Human Services - Office of Income Security Policy]

But what do all these statistics add up to?

Children from fatherless homes are:

4.6 times more likely to commit suicide,
6.6 times to become teenage mothers,
24.3 times more likely to run away,
15.3 times more likely to have behavioural disorders,
6.3 times more likely to be in a state-operated institutions,
10.8 times more likely to commit rape,
6.6 times more likely to drop out of school,
15.3 times more likely to end up in prison while a teenager

(”Marriage: The Safest Place for Women and Children”, by Patrick F. Fagan and Kirk A. Johnson, Ph.D. Backgrounder #1535.)
These disturbing statistics go some way to highlighting the severe impact a poorly handled divorce and resulting separation can have on children.

The best way to handle a divorce effectively with limited lasting impact on yourself and your children, is to hire a family law specialist who will help to guide your family effectively through this difficult time that won’t have a lasting effect on you or your family.

Author:  Elijah James

Youi can find a vast array of information and resources on the best Divorce Lawyer Attorney and Family Law experts on our newly established website www.webfamilylaw.com. Visit us today for more information.

Our American culture is one that has become obsessed with all things celebrity. We often know more about the love lives and personal struggles of the top Hollywood movie stars, sports figures and athletes, and singers in our country than we do about members of our own families. Moreover, all of this information can be gathered just from standing in line at the grocery store. We have television programs—even entire networks—that are dedicated to tracking the day-to-day lives of celebrities and public figures. For some reason, the interest from readers and viewers seems to be heightened when the celebrity or public figure is going through a rough period in his or her life. Just think about the fascination with Britney Spears’ infamous meltdown during which she adopted a carefree hairstyle, did some damage with an umbrella, and lost custody of her children. Those images were plastered everywhere. Patrick Swayze is currently battling with courage against an aggressive form of pancreatic cancer, but the tabloids cannot wait to publish photos of him looking like his death is imminent. What is it about us that create such a fascination with watching others fall?

One area of celebrity life in which the public interest is particularly peaked is the difficult decision that two people make to file for a divorce. Every couple that decides to split faces difficult emotional and legal struggles. Add to this a media spotlight that scrutinizes every detail of the divorce proceedings and a public that determines the probable cause for the animosity and the guilty parties and you have what can quickly become an unbearable situation for the participants. Whether appropriate or not, there are countless high-profile celebrity divorces that have captivated our attention. Elizabeth Taylor was one of the frontrunners in achieving the media spotlight on her many divorces. More recently, we have gone through the sagas of Brad Pitt and Jennifer Aniston, Britney Spears and Kevin Federline, Paul McCartney and Heather Mills, and countless others. Just rectnly, Mel Gibson and his wife of twenty-eight years have announced that they will be getting a divorce. Web sites and talk shows are already buzzing about how this legal settlement will be the most expensive in celebrity divorce settlement history. There always seems to be a new celebrity relationship ending in a volatile fashion to satisfy our appetites for gossip.

What often gets lost in these stories is the fact that two very real people, with emotions and feelings, are caught up in the circumstances. There also may be innocent children involved who did not ask to be celebrities and now face the possibility of seeing their parents’ personal arguments splashed across the evening news. Child custody and divorce attorneys who work with celebrities must be aware of the heightened need for privacy concerning all documentation that is printed and every conversation that takes place within office walls. That is why it is so important to hire the right law firm.

The law firms that are representing each party in a celebrity divorce must be certain that confidentiality agreements are signed by all employees involved in the case, that shredders are handy and used often, and that computer files are secure from hackers and simply those in the office who have no business seeing sensitive material. We all know how much money certain publications are willing to pay for a single piece of paper that may reveal an unsavory detail about a public figure or Hollywood celebrity. And, once a celebrity divorce client leaves a divorce attorney’s office and heads into the courtroom, there are additional issues of privacy that must be addressed. A lawyer who is working as the best possible advocate for his client will petition the family law court to close the proceedings to the public or seal the paperwork associated with a celebrity case. If a complete sealing of the records is not permitted, efforts should be made at least to keep private the specific documents that could be damaging to a client’s reputation. Whether fair or not, the public will take very painful episodes that occurred between two people and use this information against a celebrity even if his ability to excel in his chosen field has no connection to the allegations. Even worse, the court of public opinion often will not wait to discover if the assertions made in filed court documents are true before rendering their own verdict. With this greater need for privacy concerning celebrity divorces in mind, there is an additional component to consider beyond the standard confidentiality that exists between every attorney and client. The reality is that a celebrity’s public image or celebrity status is often crucial to his or her continued success on the ball field, stage, or in front of the camera. Beyond simply reaching the best divorce settlement or result possible for the client, an attorney who is representing a celebrity during a divorce must handle the client’s image and how information concerning the legal proceedings is being distributed to the media. The divorce lawyer representing the celebrity must suddenly adopt the additional role of public relations expert in maneuvering through this delicate environment.

An estranged spouse with a grudge or a former employee who was privy to family secrets can be very dangerous to a celebrity who has carefully created a perception for the world to see. On the other hand, personal assistants, agents, and managers who are happy with their celebrity employers and want to ensure that they continue to have success in their chosen fields are some of the best resources when building evidence in a divorce case. Who better to vouch for a celebrity client’s schedule and personal priorities than someone who helps to plan his every move? Divorce lawyers must know how to work with these important witnesses to establish a sense of trust and confidence and then assist these representatives in molding a positive image of the client to news and other media outlets. When working with a celebrity client, the divorce attorney role necessarily extends well beyond the courtroom or office setting.

Law firms representing celebrity clients should have extensive experience handling the sensitive issues that are specific to celebrity divorces and child custody cases. Such divorce lawyers must take extraordinary measures to maintain their clients’ privacy and work with them to craft that all-important good standing in the public eye. Law firms representing celebrity clients should share the primary commitment to protecting their high-profile clients. They should work as a legal team to ensure the uninterrupted protection that celebrities require. This holds true from the moment a celebrity is assisted with a discreet entrance into our offices, through the negotiations that take place between all involved parties, and even after a settlement has been reached and signed. When you combine this extra step with the dedication and aggressive representation that our provide to every client, regardless of whether or not his face is recognizable to the public, those who are experiencing the painful steps of the divorce process can have confidence that their case will be given thorough attention.

Celebrities and others with large marital estates (most are multi-million dollar estates) who have a great deal at stake, both professionally and financially, should make certain that the attorneys they are hiring to guide them through a difficult divorce are prepared to take those extra steps that are needed in these unique circumstances.

To learn more about the scope of our legal services in celebrity and child custody divorce cases, contact one of our knowledgeable experienced divorce attorneys at Bertolino LLP. Our law firm maintains offices in Austin, Houston and San Antonio. http://www.belolaw.com

A cheating man can only hide his cheating ways for so long before he gets caught. The longer a man cheats, the higher probability he will get caught. In this busy day and age, it is difficult to carry on more than one relationship. However, with inventions like the internet, accessibility to willing partners has become easier than ever. There are various ways of how to tell if your man is cheating. We have listed the top 10 signs of a cheating man below. How to know if your man is cheating? If your man exhibits any of the below, it may be time to take a closer look.

1. Spends less time with you. A cheating man must use the excuse of working long hours, extra meetings and dinners or other unexplained functions so he will have time with his “other” woman.

2. Isn’t as affectionate any more. Your sex life in almost non-existent because of his other commitments. He doesn’t want to cuddle, watch a movie, hold hands or do many of the touchy things he used to.

3. He changes his physical appearance. A cheating man usually starts buying new clothes, gets a new hair style or begins working out because he wants to be attractive to the other woman in his life besides you.

4. Car changes. The passenger seat in the car has been moved or there is an unknown hair on the car seat. Perhaps the radio station is on an irregular station because that’s what she likes.

5. Cheating man becomes more short-tempered because of the guilty feelings as a result of the infidelity. Things that usually did not bother them suddenly start bothering them.

6. A cheating man may smell of perfume, smoke or alcohol, especially if he hasn’t had time to change them from meeting with her.

7. Behavioral changes. A cheating man frequently becomes defensive when questioned about his whereabouts. He may turn it around to accuse you of being insecure, possessive or snoopy.

8. Cell phone changes. A cheating man can not leave his telephone turned on when with you because his other woman may phone him. He may leave the room to have a telephone conversation or say strange things after he picks up a message from his lover. Watch for calls in the middle of the night. If you have access to his telephone bill, check it closely. Look for repeated unknown numbers, times and durations.

9. Computer usage changes. A cheating man may utilize a computer to seek out partners or communicate with. If your man is on his computer for long periods of time at night and he closes the door so you won’t see him, he may be communicating or chatting with his love interest.

10. Changes in spending habits. You can tell if your man is cheating if he is suddenly always broke. He’s broke because he is spending all of his money on the other woman. Watch as to whether he is paying with cash and making more frequent ATM withdrawals to cover his paper trail. Check any receipts, bill’s or stubs that you may have access to.

Once you know if your man is cheating or not, make sure you have a plan of action that you will take after you accuse him. You need to decide whether it’s time for you to move on or whether this relationship may be worth a second chance.

Stephany Alexander is a relationship expert and CEO/Founder of WomanSavers.com - The World’s Largest Database Rating Men. She holds a degree in Communications and is the author of the book “Sex, Lies and the Internet.”

Like many other things in our lives, technology has changed the face of divorce forever. Whether text messages, cell phone records or email messages, digital evidence has increasingly become part of nearly every contentious divorce case and/or custody issue. With people relying more and more on digital communication and paperless transmissions, the computer has become an even more integral part of daily life. 

A recent poll conducted by the American Academy of Matrimonial Lawyers found that 88 percent of its members surveyed had seen a “dramatic increase” in such evidence. Statistics from many electronic discovery and computer forensics firms indicate that more than a third of electronic discovery cases are divorce-related. In divorce, digital evidence can be the most damning in terms of financial deceit/disclosure and/or ex-marital affairs. The evidence can be devastating. 

Employing a private investigator isn’t the only way to gather evidence in divorce or child custody proceedings anymore. Valid and dependable methods to recover data from computers as part of discovery in divorce proceedings are becoming essential for divorce lawyers. This is particularly true in cases with larger estates, complicated business or real estate holdings or multi-jurisdictional assets. Snooping through files, staking out hotel rooms and snapping photos have been replaced with forensic hard drive examinations, key logging and sophisticated software tracking programs which often provide more concrete and excuse-proof evidence. And, there’s more. There are newer technologies also being used to collect evidence against spouses. Cell phone records are almost always admissible in divorce court, E-Z pass toll records have been subpoenaed to catch cheaters in lies and GPS devices have been sneakily applied to vehicles by suspicious spouses in order to track one’s whereabouts. 

IN light of this new time of evidence, it’s critical to hire an attorney and computer forensic expert capable of finding critical information and effectively presenting it in court.

 A forensic analysis can serve as a valuable tool in high conflict california divorce cases where there is suspicion of wealth transfers or prove infidelity. Information that can be obtained can include:

- e-mail and instant messages

- user names and passwords;

- names and addresses of financial institutions

- asset and/or fund transfers;

- debt information and account activity

- Recovering deleted, encrypted, or damaged file information. 
 

What many people don’t realize is that deleted information is never truly deleted. Re-formatting the hard drive of a computer does not erase stored data; it usually just erases the links that point to where the data can be located. And the harsh reality is that in many instances, the most important evidence is proof that there was the attempt to destroy data. The consequences of discovering undisclosed assets or other relevant information in divorce can be profound. The party that fails to disclose the asset during the divorce process may be required to pay attorney’s fees turn over the asset to the other party or to the court in a receivership proceeding in addition to calling into question that party’s credibility in the proceedings. Actively pursing this avenue of investigation may be the difference between losing out on significant assets or uncovering a plethora of financial information including investments and real estate holdings even if they are held in the name of another person or sheltered as part of a holding company.

For example, in one particular divorce proceeding that I handled, discovery was served to acquire financial records and emails related to one spouse’s income derived from his business. It was later discovered through emails from this spouse to his business partners, that he was funneling significant funds from the business to three different people as well as a dummy corporation in order to get around reporting the income.

In another case, discovery was used to prove infidelity. This is becoming a more common practice in highly contentious custody proceedings because this evidence can be used to prove one spouse’s priorities are with this “personal relationship” rather than with their children. Another use for electronic discovery in custody issues is using a computer’s search history to prove discrepancies in one spouse’s lifestyle including such behaviors as gambling and pornography.

The digital path left by cheating or financially deceitful spouses provide evidence so powerful, it can’t be denied. The law is struggling to keep up with new technology. The divorce laws in many states are evolving to accommodate the increase of evidence extracted from computer hard drives, but the legal bounds are arguably still unclear. Family court judges are faced with tough decisions about the legality of such evidence and in the absence of established laws in certain states addressing digital evidence; they are forced to make difficult judgment calls about what constitutes a violation of privacy.

Divorce is very common in today’s legal landscape and electronic discovery continues to play a critical role. High stakes battles over marriage settlements and child custody arrangements make each attorney’s strategy the key to an optimum outcome.

Divorce does nasty things to nice people and I am hoping you have not allowed your own bruised feelings over the divorce to justify doing nasty things. I’ve seen some divorcees deliberately do things divisively to anger their ex. Your children are watching, hello! Surely, you don’t categorize this mean sighted behavior as beneficial to them?

Some people would say your Inner Child is in control doing all these things. I would say that your inner child is a bit of a brat and needs to grow up. Let’s examine some ways you might be using to punish your ex, and let’s also look at stopping it. Please recall that regardless of the fact that you might not have wanted this divorce yourself, your children certainly did not. I know of no children who were happy about their parents splitting up. So now, you’ve got to put their needs first and give up on your grousing.

1. SPITEFULNESS. This attitude shows malicious ill will and a desire to hurt. It also shows that you’re terribly hurt and you want them to know how much you are hurting. I’d like to suggest that spitefulness really isn’t making anyone feel any bit better for it: you don’t feel better; your ex doesn’t feel better (or understand your hurt); and the children are uncomfortable around you when you do it. Basically, when you use spite, you hurt yourself and your children even more! I’d recommend that when you want to do something spiteful, you ask yourself “What good can come to me or my children from this?” If there is no good accruing, please don’t do it. Try using words to express how hurt you are.

2. REFUSING TO MAKE CHANGES. The court has set up the custody agreement. This is IT and there IS NO DEVIATING! Really? Never? Come on now - there are always circumstances where plans have to be changed. Flexibility is a good thing. Reasonableness is a good thing. Cooperation is a good thing. I realize that there might be times when your ex simply doesn’t want to hold up his end of the bargain and expects you to always be the one to change. I also know that you know the difference between that circumstance and a real reason to change. Be generous. Your kids will appreciate it.

3. ENCOURAGING YOUR KIDS TO PUNISH. Our children are brilliant - all of them. They know exactly how to get inside of us, how to get on our good side, how to get what they want. If you (God forbid) have told them about how you’d like to punish their mother for her evil ways, and they begin to do it for you through stubbornness, bad mouthing, refusal, etc, you lose! You’ve taught them that it’s okay to be vindictive and mean. Is this the dream you have for your children? If you see them do this punishing, have a chat with them and discourage this behavior.

4. ALIENATION OF AFFECTION. Were you the dumper or the dumpee? If you were the dumpee, I’d hazard a guess that you have lost all feelings of affection toward your ex spouse, and now, you’d really like to make her feel the same way you do, so you withhold all affection from her. Am I right? On the law books, old divorces used to be justified because of alienation of affection - one of you was taken out of the marriage contract by a third other. Look. Let’s not make this about blame. Let’s not return malice with vindication. It’s okay to acknowledge your hurt over being dumped. I have a question for you? Just how long do you intend to continue to foster this hurt? That recalls to mind the story of the man who crawled across the desert dying of thirst. “I’m so thirsty. I’m so thirsty” he wailed. He came to an oasis and drank. As he crawled out the other side of the oasis, he wailed “I was so thirsty. I was so thirsty.” Like that.

5. YOU DON’T HAVE TO LISTEN TO HER: You are so angry your ex left you and took up with “her.” I have a friend who, knowing what a sap her husband makes out of women, calls the new woman “True Love.” So, because you’re so angry at him, you tell your kids that you are their mommy and they don’t have to listen to her. Well, of course they do. If they go to their dad’s home and she lives with him, it’s her home too and she’s got a right to establish reasonable boundaries. (Unreasonable boundaries is not the subject of this paragraph.) Loving kindness begets loving kindness and isn’t this what you’d like your children to experience? Try sitting down the three of you together (you, him, and True Love) and work out something that is beneficial for your children. Children are wrenched apart with adult squabbling, so quit it.