Abandonment and Adultery as Grounds for Divorce

Lawyers Guide

When one spouse leaves another or is unfaithful, the injured spouse usually has valid grounds for divorce. However, every case depends on specific circumstances, and it is always important to have proof.

  • ContentAbandonment and Desertion in Divorce

    When one spouse leaves a marriage and does not return, the spouse that remains usually has valid grounds for divorce. Abandonment and desertion are typically terms that are used interchangeably for this situation.

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  • ContentCan I Sue My Spouse's Mistress for Emotional Distress?

    In certain states, it is possible to pursue a civil case against the person the other spouse has an affair with through criminal conversation or alienation of affection civil tort claims. In the specific states that permit such action, the spouse would still need proof and a lawyer, but he or she may seek monetary compensation from the party for interference in a marriage.

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  • ContentClaims Regarding Alienation of Affection

    Alienation of affection lawsuits were sometimes alleged by betrayed spouses and sought to punish the cheating companion of an adulterous spouse. These cases involved a straying spouse who deserted his or her spouse, allegedly due to the actions of a third party. Whether there is potential to recover depends on the state where the action is filed and the particular circumstances of the case.

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  • ContentHome-Wrecker Laws: Alienation of Affection and Criminal Conversation

    When your marriage has ended and you discover that it is because your spouse has had an affair and/or has fallen in love with someone else, you may be tempted to seek revenge against the person who has “stolen” your spouse’s affections. Before you race off to court, you should check the laws of your state regarding these types of claims, as well as their success rates.

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  • ContentHow a Private Investigator Can Prove Infidelity in a Divorce Case

    If a spouse suspects his or her partner of cheating, a private investigator may be hired to help confirm this information.

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  • ContentHow Can a Lawyer Help Me with a Collaborative Divorce?

    To properly come to terms with the divorce process and use the collaborative procedure to resolve the disputes of the marriage, the client will need a lawyer to understand how to best proceed and what information is important to solve the problems each party has. By hiring a lawyer early, the individual may help to find solutions.

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  • ContentMoving Out of the Marital Home - Is It Considered Abandonment?

    Abandonment often depends on specific circumstances and could lead to the divorce between spouses if one has every intention of remaining away or attempting to end the relationship between the two. It is important to contact a lawyer to determine what exactly these circumstances mean and how they can affect the marriage.

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  • ContentSpousal Desertion - Is It Grounds for Divorce?

    Desertion and abandonment of the marriage are often grounds for divorce in the states that have fault divorce, and the judge may look unfavorably on the case when the other spouse does desert the person seeking the divorce. When desertion exists in these situations, it is important to have evidence and proof of the desertion factor.

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  • ContentSecond Spouse's Legal Rights Affected by Bigamy

    When one spouse commits bigamy, the second spouse in the relationship usually has a marriage that is invalid and has no legal standing. If this person does not want to pursue criminal or civil action against the individual committing bigamy, he or she may have rights under federal law to return to a relatively normal life devoid of the bigamist.

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  • ContentAccused of Bigamy - What Do I Do?

    Bigamy happens when one person marries another legally and then tries to or does marry another person while the first marriage is still in effect, and accidents do happen when the person believes that the other person is either dead or no longer married to him or her. When the accusations arise, it is important to hire a lawyer and determine what happened.

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  • ContentBigamy in the U.S. - Is It Criminal in All States?

    Bigamy occurs when one spouse has more than one spouses in any state within the country, and the crime may lead to criminal charges that may place the person behind bars. It is the subsequent marriage that is invalid and may undergo an annulment due to the void status of the marriage to the other person no matter in which state the marriage occurs.

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  • ContentLegal Implications of Dating During and After Divorce

    Dating during a divorce process could complicate the dissolution of the relationship and cause negative effects on the spouse with the judge, and even dating immediately after could lead to similar consequences. It is important to determine if the new relationship is strong enough to weather the possible legal problems that will occur.

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  • ContentWillful Abandonment in a Divorce - What Are the Consequences?

    Willful abandonment in a divorce case can lead to serious consequences for the person that left without any communication, financial assistance or permission from the other spouse. In the divorce case, the judge may look unfavorably on the abandonment charge and provide the other spouse with greater advantages such as child custody and alimony.

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  • ContentLegal Consequences of Bigamy

    In the United States, it is unlawful to be married to more than one person at a time. Violating this law can have criminal and civil repercussions.

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