A fault-based divorce is where one spouse can demonstrate that their partner is at fault for the end of the marriage. The grounds for a fault-based divorce may vary from state to state but typically include adultery, abandonment, imprisonment, or abuse. In New York, there are seven grounds for a fault-based divorce. If you’re seeking a fault-based divorce in New York and want to prove your case, this blog is for you. Eiges & Orgel, PLLC will discuss what constitutes proof and how it can be gathered.
To demonstrate proof of your case, you must gather evidence convincing the court that you are entitled to a fault-based divorce. This evidence may include documents such as police reports or medical records, photographs or videos that show physical or emotional abuse or affidavits from witnesses who have seen the abuse occur firsthand.
Types of Evidence That May Be Used
The types of evidence you use depend on the type of fault you are claiming. For example, if you claim adultery as your basis for filing a fault-based divorce petition in New York State, proof such as emails between your spouse and their lover would be evidence in court. On the other hand, if you are claiming desertion, then photos or video footage showing them leaving without giving notice would constitute valid legal proof; even statements from witnesses who saw them go would satisfy this requirement.
It is important to note that all evidence must be relevant and credible to stand up in court, so do not attempt to present any false information or fabricated stories that could potentially damage your case and result in an unfavorable ruling by the judge overseeing your trial. Additionally, keep an eye out for discrepancies between what witnesses say and what they mean by their statements; these inconsistencies can ultimately weaken your case. Make sure all facts presented match up before submitting them as part of your evidence packet.
Attorneys That Can Help You Gather Proof
Gaining proof for a fault-based divorce can be difficult but possible with careful planning and attention to detail when gathering evidence together before filing a court petition. By understanding what constitutes valid legal proof and how it can be collected, you can put together an airtight case that will help ensure success when going through the proceedings with their attorney representing them throughout each step until completion has been reached.
Gathering evidence is necessary for a fault-based divorce. Eiges & Orgel, PLLC can help you gather the proof you need. Give us a call at (347) 848-1850 for a consultation.