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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 10-14-2005, 02:15 PM
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What are the reasons that a divorce on the grounds of adultery
is more costly and takes longer than a divorce on the grounds
of separation?
  #2  
Old 10-14-2005, 05:59 PM
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Who told you that?
One simply gets you a divorce order quicker...they both cost the same in the general scheme of things to my knowledge...there are three types of grounds.
Separation-not cohabiting for a year or living together but apart without reconcilation possibilities.
Adultery
Cruelty
My understanding is that if you are claiming under the 2nd or 3rd category, you simply don't have to wait the year for the divorce order.
But if there is fighting and bickering...all of the above can cost you the same!! A LOT!
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Old 10-17-2005, 07:50 PM
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There are so many divorces nowadays that the courts have a pretty streamlined process for obtaining a divorce on the grounds of one year of separation. You file what is known as an "affidavit for divorce," which is a sworn statement under oath, stating that you have been separated for a year.

There’s no streamlined process for proving cruelty or adultery. You actually need to make an appearance in court and give testimony in court about this. So, you have the additional cost and inconvenience of making a court appearance. As well, the reality is that in most places you can’t get a trial date within a year of starting your case, so it may well take longer than 1 year of separation to get a chance to prove the adultery or cruelty.
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Old 10-24-2011, 09:45 PM
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i have been advised to go for divorce on the grounds of cruelty. How would that effect my will status, if i have to wait that long. Does a separation agreement stop him as well. I want the quickest end to this so my children benefit from my hard work.
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Old 10-24-2011, 09:55 PM
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he has assaulted me twice that was reported and numerous other times. I have a support network that would come to court with me. How much would the court venue cost?
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Old 10-24-2011, 10:31 PM
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Draw up a new will, make sure you do it through a lawyer and not with a kit, have it notarized and make sure your executor is aware of the change. There, the will status is taken care of.

If you divorce and have him locked up for assault but he is still written into your will, then he is in your will. Being divorced won't change your will, only you can do that.

A trial will usually cost around $30,000 minimum. If you are going to trial unnecessarily you will also pay the other party's legal fees.

Who advised you to seek a divorce on the grounds of cruelty and what reasoning did they give? The advice earlier in this thread is spot on.

Cruelty won't get you anthing else in your settlement. If you need a restraining order, do not wait for the divorce trial. Get one at a motion hearing now. Bingo, it's taken care of. No need to claim "cruelty", you are presenting your evidence at the hearing.
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Old 10-24-2011, 11:06 PM
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this is so confusing, i went to a lawyer to get my will changed as i was flying out to bc and never been on a plane, i left everything to my 4 daughters and made 2 of them the poa for finance and care. Apparently the will only grants my kyds some access to my funds but he has the right to contest. That same day he had gone to a lawyer and got his advice how to screw me as i make more money them him, and he doesn't want to work, hence the 2nd charge as he came here and pointed out all the facts and that he had the right to contest my will etc , so hence the charge as he backhanded me... He now has 2 assualt charges on him and a restraining order for me. So yr advice is not to go for the cruelty issue, why do lawyers think we have all the money in the world, crying here, this is so much bs. The women's shelter recommended her and the lawyer suggested it and to not get a separation agreement and go right for the divorce. His first court date was oct 18 and remanded
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Old 10-24-2011, 11:09 PM
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and what hearing, i want to stop the world and let me off, but as my mother says, "u have to take yourself with you".
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Old 10-24-2011, 11:16 PM
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so bottom line, at what point does he have no access to my assets?
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Old 10-24-2011, 11:29 PM
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and i want to get a mortgage on the house i had before marriage, but i need his john henry, to pay down the lines of credit, that are in my name, and used for the new house, holy messy, I did contact the family law centre at flcdivorce.com and they claim to help u through all this and lesson yr costs for the lawyer. Or is this just another rip off
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