There are many things that are considered when a divorce case hits the courtroom. Elite lawyers like the divorce lawyer Andrew Heft explain that all those factors are something that the clients should be informed about so that they know how strong their case is and the different ways in which their case can be strengthened if it’s a weak one.
Some of those important things that every single person contemplating the idea of divorce should know before taking the case to court are as follows.
- Annulment is Different From Divorce
Annulment is abolishing that a marriage exists or even existed. It’s different from divorce since divorce is a declaration that you were indeed married. But annulment is a declaration that you were never married. Having said that, a marriage can be annulled only under specific conditions like the ones listed below.
- You’ve been tricked into marrying an already married person.
- You’ve been lied to about the sexual preference of your spouse.
- You’ve married under the influence of alcohol or substance and you have witnesses to prove it.
That said, also bear in mind that the marriage cannot be annulled after a span of three years. Which means, the marriage can be annulled within the first three years only.
- Gender Doesn’t Decide the Fate of Your Case
No, you won’t be granted an alimony or the child’s custody only because you’re a woman. And no, adultery will not decide the course and fate of the case either and neither is adultery punishable under the law.
So, the actual factors that make you eligible for getting the alimony and winning the custody of the child are as follows.
Grounds Under Which You Receive Alimony
- You do not have a job since you have been a homemaker throughout your marriage.
- You’re financially weak despite you’re working.
- You have been physically and mentally tortured.
Grounds Under Which You Get the Judicial Custody of the Children
- You have spent more time with your children.
- You have taken care of all their emotional needs.
- Your children – 12 years or older – want to stay with you.
- Your spouse is abusive or violent.
- Your spouse is alcoholic or has a criminal history.
- Your spouse is physically unable to take care of the children.
- Your spouse has an aggressive nature.
- The Grounds for Getting Quick Divorce Vary
General divorce cases require the couple to live together for a year and see if there’s any scope of reconciliation. Precisely, the court will not grant a divorce immediately in maximum cases. The only scenarios under which you are granted a divorce immediately are as follows.
- You have already been living separately from your spouse for one year.
- Your grounds for getting a divorce are of brutal nature – physical and emotional abuse at the hands of your spouse.
So, it’s necessary that you hire a good attorney like Andrew Heft who is experienced and can help you win without digging a hole in your pocket.
