My Spouse Filed for At-Fault Divorce. Do I Need a Divorce Lawyer in Albany, GA?

October 9, 2019

Did your spouse file for an at-fault divorce? Perhaps they have their reasons or they simply want the upper hand in the asset distribution process. It could also be that they are trying to get back at you for your failed marriage. Either way, you should consult an experienced divorce lawyer in Albany, GA.

The latter will review your spouse’s petition and compare it with your state of facts. They will analyze everything from a legal perspective and tell you what to expect. Usually, when dragged in a divorce you did not ask for, it helps to benefit from legal advice.

On one hand, divorce cases have deeper implications than meet the eye. For couples with kids, they settle custody battles. They also determine who pays alimony to whom, and how assets are divided. If you want to keep your home, you will probably need help.

Many divorce lawyers in Albany, GA can provide it. To understand the benefits of working with one, it may help to review the basics of at-fault divorce.

What is At-Fault Divorce?

At-fault divorces are those in which one spouse blames the other for the failure of their marriage. To justify their divorce petition, they invoke various grounds. Here are the most common:

  • Abandonment
  • Adultery
  • Criminal conviction to minimum two years of imprisonment
  • Inability to have sexual intercourse
  • Domestic violence

It is easy to see how such accusations could affect you. It is only normal that you defend yourself, and the law offers you the possibility to do that. Sure, you cannot force your spouse to stay married to you. However, you can prove that you were not at fault for your marriage failing and avoid the negative consequences.

In the following lines, we will review some common defense strategies. It is up to you or your divorce lawyer in Albany to determine which one suits your case:

  • Condonation – It means showing that your spouse knew of your actions. Perhaps they found out you cheated on them and forgave you or acted as if nothing had happened. You should focus on finding evidence, like a journal entry, or witnesses.
  • Connivance – It involves proving that your spouse was not only aware of but actively involved in your adultery. Perhaps they encouraged you or enticed someone to seduce you. It would not be the first time someone gets paid to compromise another person.
  • CoRecrimination – You can use this defense strategy when your spouse engaged in similar conduct to the one they accuse in their divorce petition. Of course, you will need to provide evidence of their conduct.
  • Provocation – It requires proving that the spouse provoked your behavior. Perhaps they challenged you to prove that you can find someone else. Another scenario would be that they determined you to abandon your marital home by threats or violence.

The list could continue, but you certainly get the basics. The good news is that if your spouse files for divorce, the burden of evidence falls on them. They will need to prove your inappropriate behavior. Your only worry should be to prove your defense.

If you have several assets that qualify as marital property, you should pay attention to those as well. Write them all down, and estimate their value. Decide on which ones you would like to keep and find leverage. You will need something to allow you to negotiate with your spouse.

Working with a divorce lawyer in Albany will surely help. They will be able to tell you which defense strategy will work best in your case. They may also help you obtain the evidence you need.

Finally, they will fight for your rights every step of the way, no matter if we are talking about child custody, alimony, or asset distribution. Their work will help you save time, effort, and money. It may also save your reputation and secure your financial future. But, of course, you cannot know for sure until you consult one.

Schedule a Consultation with a Divorce Lawyer in Albany, GA Right Now!

At Joe Durham Jr., P.C., you will find one of the best divorce lawyers in Albany. You can ask them for an opinion on your case and guidance on how to approach it. If you let them, they will take over all formalities and get you a hassle-free no-fault divorce.

But, before you get there, you need to schedule the preliminary consultation. Do that online or at (229) 351-5320. The first consultation is free of charge, so you really have nothing to lose!