In the past, a spouse had to present evidence that the other spouse was to blame for the marriage’s dissolution before the court would issue a divorce. State-specific “grounds” for divorce include infidelity, abandonment, and severe cruelty.
The no-fault divorce option was subsequently approved by all states, enabling couples to apply for a divorce by merely claiming that their marriage was irretrievably dissolved. What effect would it have on the lawsuit if one spouse was at fault, though? Getting help from a divorce lawyer Milwaukee is generally advised.
Divorce based on fault is no longer an option.
Wisconsin is one of the states that have entirely abolished fault-based divorce. Thus, the only available choice is to file a no-fault claim. Because it is not necessary to allege and prove that one spouse was at fault, which would make the process much more confrontational, no-fault divorce is typically preferred. Additionally, it might put a heavy burden of proof on the spouse making the accusations and put both couples (and their kids) in danger of public humiliation.
Could the fault of one spouse affect the outcome of a divorce or custody case?
In some cases, an action taken by one spouse that would have previously been grounds for divorce may have an effect on how a judge decides on certain issues related to the divorce or child custody. For instance, a judge would deny or severely restrict a husband’s custody rights if he had been found guilty of abusing his wife and children.
Taking an extramarital affair as an example, let us go on. The affair itself would not (and could not) affect how the parties divided the property or decided who would get to keep the kids. But if the cheating spouse had been using a sizable amount of marital money to fund the affair, the judge might decide to change the property division. If there was proof that the cheating spouse’s new relationship was in some way detrimental to the kids, the infidelity might potentially affect custody decisions.
It is crucial to remember that the instances above are hypothetical, and each court would decide based on the preponderance of the overall evidence in a particular case.
A knowledgeable attorney can explain all of your legal choices.
Context is crucial in family law since it is so complicated. You should refrain from assuming or leaping conclusions before seeking expert advice for these and other reasons. To fully understand your divorce and child custody choices, please speak with an expert family law attorney.
