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How a Clearwater Divorce Attorney Can Assist You if Your Spouse Has Deserted You
Advice you need now from The Coleman Law Group
The Coleman Law Group can assist you with caring and aggressive representation in matters of divorce and spousal desertion. We are experts in situations involving child custody and support, as well as abuse. Call us today for a free consultation at 727-214-0400.
Under Florida family law you can seek divorce on the grounds of desertion. An experienced Clearwater divorce attorney can assist you with the procedure. Most lawyers practicing family law will be able to handle divorce cases but if you want the best you should look for attorneys focusing on divorce proceedings. If you are based in Tampa Bay or Pinellas County, you should consult with an experienced Clearwater divorce attorney.
In Florida for the purpose of divorce, desertion is different from separation in anticipation of a divorce. An experienced Clearwater divorce attorney can review your circumstances and determine if you can file for divorce on the grounds of desertion. Generally the desertion must be for a period of one year or more. There are two forms of desertion under Florida divorce laws: constructive and actual. In case of constructive desertion your spouse need not physically leave the marital home but fails to perform his or her responsibilities as your spouse. For example if your spouse willfully refrains from having sex with you, it is a case of constructive desertion. Cruel treatment is also a form of constructive desertion. If your spouse packs his or her belongings and leaves the martial home it will amount to actual desertion. The desertion must be voluntary and your spouse must have no intention to return to the marital home.
Proving desertion in a court of law is not easy especially if it is a case of constructive desertion. You must prove:
- Intention: Your spouse wanted to terminate the marriage
- Time Period: Your spouse has deserted you for the past 12 or more months.
- Consent: You did not agree to the desertion
- Cause: You are not the cause of the desertion.
- Reconciliation: Reconciliation is impossible.
You will need the services of an experienced Clearwater divorce attorney to successfully prove desertion
Testifying in Court
If your deserting spouse challenges your divorce petition, then you will be required to testify in court. How you testify will have a big impact on the outcome of your case. An experienced Clearwater or St. Petersburg divorce attorney can advise you on how to testify and what questions to expect. The attorney will advise you on how to conduct yourself during the testimony. Your appearance is very important. Make sure that you are dressed properly. It is best to be dressed in a suit or in formals. Colorful clothes or t-shirts with messages across it should be avoided at all costs. You do not want to stand out in court.
Remember this is a court. Not a sport stadium or a circus. It is best you attend the hearing alone with your attorney. If you want some support, you can take someone along but don't take all your friends and relatives to watch you testify. Sit next to your attorney and wait for your turn to testify. During the testimony you will be asked questions and you must answer them. Make sure you understand the question before answering them. Your answers will play a key role in the outcome of the case. Request the questioning attorney to repeat the question if you haven't followed it. When you request ensure that it does not sound like a demand. Your response must be restricted to the question. Do not give out information that is not requested. You can damage your case by disclosing too much information. Do not give any wrong answer. You will be committing perjury by giving wrong answers. If you do not know the answer just inform the court. Speak clearly and with confidence. Wait until you are told by the judge to leave the witness box.
An experienced Clearwater divorce attorney understands that divorce is an emotionally straining affair. It can put you under tremendous strain. So before you testify the attorney will tell you not to lose your composure in court. Since your spouse has deserted you, it is likely that you may hate your spouse from the bottom of your heart and might get upset on seeing your spouse. Never show your inner feelings openly in court. Abusing your spouse or using foul language against your spouse can prove costly.
If you do not have any children from the marriage, then the divorce should be easy. But if there are children from the marriage, then you will have to decide on the issue of child support. Generally when a person deserts his or her spouse, the children are left with the spouse. However if the deserting spouse takes the children along, then the issue of child custody must also be decided by the divorce court. An experienced Florida divorce lawyer can ensure that you get the custody of your children and your deserting spouse is made to pay child support, including retroactive support. If you are located in Tampa or anywhere in Pinellas County, an experienced Clearwater divorce attorney is what you need.
Phone The Coleman Law Group Today at 727-214-0400
Answers to Your Questions
The Coleman Law Group answers your divorce questions