Neglect and women's divorce are sometimes intertwined issues. Whether or not to assert a neglect claim in your divorce case is a delicate issue, one you should carefully consider in advance. While you may have felt neglected by your spouse, you should make sure to discuss your situation with a professional who can help you decide if it is a reasonable legal claim.
Does Your State Allow History of Neglect to Prove Marital Fault?
You will need to consult your state laws regarding marital fault to find out if establishing a history of neglect is a reason for divorce under state law. It is not a reason under all states. It can be used to establish other facts in your divorce case whether or not it establishes grounds for divorce. For example, a husband and father who was not around is less likely to be a good candidate for child custody upon divorce. Consider whether establishing the facts to show neglect will help you in some other way before making any accusations.
Establishing Your History of Neglect Divorce Case
If you are trying to establish history of neglect during marriage that caused your divorce, you will need to establish facts to prove your claim. Some of the evidence you can use to establish history of neglect may include:
- Testimony of witnesses who knew of the neglect in your marriage;
- Evidence of other women with which your spouse engaged in extra marital affairs;
- Affidavits of professionals who counseled you during marriage regarding any neglect they witnessed;
- A pattern of behavior that indicates neglect, such as working long hours or drinking excessively;
- Previous testimony from your spouse that would support a finding of neglect;
- Testimony of children who are old enough to have opinions about your case; and
- Any other relevant information tending to establish facts to show a history of neglect during your marriage.
Getting Legal Advice
An attorney in your state who practices family law can help you assess your divorce case and the merit of your neglect claim. It is important to assess such claims before asserting them because they may impact the outcome of your case and the willingness of your spouse to cooperate. Once you make such accusations, you cannot take them away. Get the sound advice of legal counsel before taking any steps in your divorce case to ensure the best possible outcome.
