There are many reasons why a marriage comes to an end. Each of the spouses has different stories about how the marriage is no longer working and how his or her partner failed to fulfill the essential marital obligations. When you feel like your marriage is beyond redemption, one of the legal steps that you can take is to file an action for divorce from bed and board.
Many divorce attorneys in Waukesha may advise that under the law, this petition can only be filed if one of the parties in the marriage caused injury to the other person. This is the common action filed by a spouse to convince the court that the other party must be ordered to vacate the conjugal dwelling. There are only six grounds recognized under our statutes; to wit:
- When the husband or wife has abandoned the family which includes non-performance of his or her obligations and duties.
- When there is malicious turning out of doors.
- When one of the couples treats the other spouse in a cruel or barbarous manner.
- When one of them causes indignities to the other.
- When the spouse is found to have been engaged in excessive use of alcohol or drugs rendering the condition of the other spouse intolerable.
- When one of the parties is guilty of adultery
The burden of proof in this type of divorce case falls on the party filing the complaint. He or she must show that one of the grounds enumerated above exist. There must be presentation of substantial evidence before the judge hearing the case. Most importantly, the complainant must duly verify the affidavit containing the prayer for divorce. This is to ensure that he or she really has a personal knowledge on all the items contained in the affidavit.
If you want to file this action against your erring spouse, make sure that you have a valid ground before filing the petition in court. Take note that the judge may dismiss your complaint outright if there is no sufficient ground to warrant the issuance of the order for divorce from bed and board. For a guaranteed win, it is better to get in touch with a divorce lawyer. Find the best attorney in town and book an appointment with him. Always remember that when it comes to court actions, it is highly recommended that you act in accordance with the advice of your legal counsel. Do not do anything that may prejudice your case.