When to Make Allegations During No-Fault Divorce in Orlando

During a no-fault divorce in Orlando, you may have various allegations you want to make. However, timing is very important when it comes to divorce, especially if you’re serious about positive results. Aside from when you make these allegations, you should also think carefully about how you voice your accusations. An experienced divorce lawyer in Orlando may be able to help you in this situation.

You Don’t Make Allegations When Filing for Divorce 

If you’re in the process of filing for divorce, you should save your allegations for the time being. A no-fault divorce means that you don’t need to identify any “grounds” for divorce. In other words, you don’t need a specific reason to end your marriage. Previously, many states required spouses to have a valid reason to end their marriage. Examples included abandonment, infidelity, substance abuse, and so on.

Do Not Make Your Allegations in Public

 After you file for divorce, don’t make the mistake of making public allegations against your ex. If you do this, you may face various consequences – especially when it comes to child custody. The courts could see these allegations as a form of “parental alienation,” or an effort to turn your child against the other parent. It is best to keep your allegations private, and explore them through proper legal channels. You should also avoid discussing these allegations with your child directly.

You Can Raise Issues During Mediation or Collaborative Law 

Many spouses today choose alternative dispute resolution or “ADR.” Examples include mediation, arbitration, and collaborative law. In many cases, these processes are actually mandatory before spouses can move on to litigation (a trial). You can raise past misconduct during these private negotiation sessions.

Even though ADR is supposed to be cooperative and non-combative, you still have the right to raise issues like child abuse, domestic violence, substance abuse, abandonment, and so on. You can discuss these issues in private to avoid embarrassment during a public trial. If your ex agrees to certain consequences as a result of their actions, a trial may not be necessary.

Making Allegations During Divorce Trials 

If ADR fails, you may need to make your allegations during a divorce trial. To do this, you will need to show a “preponderance of evidence.” This is called the “burden of proof,” and it lies with the accuser. If you want to accuse your ex of doing something wrong, it is your responsibility to show sufficient evidence. It is not your ex’s responsibility to prove they are innocent.

Can a Divorce Lawyer in Orlando Help Me? 

A divorce lawyer in Orlando may be able to help if you need to make important allegations. A no-fault divorce does not prevent you from making these accusations. Approach this challenge in a strategic manner, and you can get what you want without time-consuming trials or expensive legal fees. To learn more, contact Steve Marsee, P.A. today.

Source:

law.cornell.edu/wex/preponderance_of_the_evidence#:~:text=Preponderance%20of%20the%20evidence%20is,that%20the%20claim%20is%20true.