Family law covers a wide variety of topics that affect the life of a family unit, from marriage to adoption. While many people handle these matters without the help of a lawyer, certain procedures such as divorce and child custody require the services of a family law attorney.
Grounds for Divorce
When a couple separates and files for a divorce, they must prove to the court that one of them is at fault for the breakdown of their marriage. In most states, this means that you must show your spouse committed a specific action or behavior that created the grounds for a divorce.
Some of these reasons for divorce are fairly common, such as adultery, cruelty, or insanity. Others are less common, like drug or alcohol abuse.
Abuse and Cruelty
If your spouse has been physically, emotionally, or sexually abusive toward you, it could be a ground for divorce. You must show that they have abused you so significantly that it has caused you to lose confidence in yourself and your relationship with your spouse. You also need to show that their actions have harmed your finances or prevented you from living a normal, happy life.
Fortunately, in many cases, divorces on these grounds are relatively easy to get approved by the courts. You’ll need to show that your spouse has been abusive for at least a year before you can file for a divorce on this ground, and you must be able to provide enough evidence of the abuse to convince the judge that it is reasonable to grant you a divorce.
In addition to proving that your spouse has been abusive, you’ll need to show that their actions have caused a substantial risk of death or serious bodily harm. In South Carolina, a spouse can use this ground for divorce if they have a history of violent conduct and their spouse hasn’t been violent since the beginning of the marriage.
Another ground for divorce that is sometimes used is the act of collusion, if you and your spouse agreed to go through with the divorce without waiting out the necessary separation period. In practice, most spouses don’t go this route because it’s often difficult to prove and expensive.
The best way to avoid these costly and time-consuming problems is to hire a skilled family law lawyer in Miami. The right attorney can work with you to resolve these issues outside of the courts, allowing you to keep your relationship intact and your children happy.
When your spouse has been physically and emotionally abusive toward you, it’s a ground for divorce that is fairly easy to get approved by the courts. You must be able to prove that your spouse has been physically, emotionally, or verbally abusing you for at least a year before you can filed for a divorce on this ground, and they must have harmed you so significantly that it has caused you to lost confidence in yourself and your relationship with your spouse.