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Can the grounds for divorce be modified if I don’t agree with them?

October 11, 2017 Our Blog

Grounds for divorce is a legal term that means about the same thing as “reasons for divorce.” The reasons for a divorce is a very diverse range of behaviors that include everything from infidelity to irreconcilable differences, to name just two of the more common things listed as grounds for divorce. If you haven’t filed for divorce yet, it’s never too early to research the most common reasons for divorce. All of these reasons for divorce will eventually be listed under a legal term that fits into the realm of grounds for divorce.

Not every couple will agree on the grounds for divorce. You can’t just claim that your spouse is guilty of infidelity and expect the court to accept that as true without any proof that this is the true reason. If you’re filing for divorce on certain grounds, the proof is on you or your legal team to prove that those grounds are accurate. Likewise, if your spouse files for divorce from you and you disagree with the grounds, you have every right and reason to contest the grounds of the divorce if it hurts your own future outcome from the divorce.

There will be a minimum burden of proof to contend with. Your lawyer can help you understand the strategy for disproving certain grounds for divorce. Since someone filing for a divorce is technically breaking a legal agreement, you’ve got to be able to prove all of the things you’re saying to the court. There’s no taking for granted that you’ll file for divorce on grounds of infidelity, for example, and the court will just say, “Okay. Granted.” There’s a lot of legal work to be done in order to prove the grounds for divorce in an a fault divorce.

Grounds for divorce might include:

– Abandonment
– Adultery
– Mental illness

And that’s just to name a few. There are a LOT of grounds for divorce that are listed and all states have different ones as well as different minimum requirements to meet those grounds. If you disagree with the grounds for divorce, your lawyer – and please, get a lawyer – will help you disprove the grounds for divorce so that they can be modified. Your lawyer and your spouse’s lawyer will need to come to an agreement about the grounds for divorce, and sometimes that means switching it to a “no fault” grounds. If an agreement can be reached, you won’t have to go to trial. Only having a lawyer will help you avoid a divorce trial and anyone who has ever been through one will attest to how painful and time-consuming they can be. There’s no need to get to that point if you have a good lawyer on your side who can sort things out for you.

If your spouse is filing for divorce on grounds that you know are inaccurate and you feel that you can’t reach an agreement just yet, your lawyer will look at many different ways to challenge the grounds for divorce and have them modified in agreement with your spouse’s attorneys. This might take some true work on the part of your lawyer but that’s what they’re there for. It can be very frustrating to be accused of causing a divorce when you know you’re not guilty of the accusations. The best advice is to always let a good lawyer work things out for you so that you can have time to live your life in peace while they do the busy work.

Remember, for a fault divorce to be finalized, you’re going to either have to agree that you were at fault in causing the divorce or you’re going to need your spouse to agree to modify the terms of the fault or change it to a no fault. A terrific lawyer in New York can help you reach that point of agreement you need to finalize the divorce peacefully.



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