The most common of these questions, of course, will be those that are posed to a person that has been cheated on by another individual or by a spouse or co-worker. In order for this type of question to have merit, it must be shown that the conduct of the individual who cheated has substantially damaged one’s reputation or goodwill. In other words, the cheating attorney must prove to his or her client that significant harm was caused. This harm, in this instance, would be shown by a lowered credit score or a diminished ability to get future legal work. These are legal examples of abandonment that really do affect a legal professional’s ability to find work.
In addition to the bad credit example, it is also extremely important for any attorney to realize that cases similar to the one above can exist even where the person that is the victim of cheating has been married. In these instances, the attorney must recognize that in some cases the other party to the affair actually has a longer history of marriage than the one that is accused of cheating. While an attorney may feel bound to stick strictly to the facts of the divorce proceedings in such a case, it is important for an attorney to realize that there may be extenuating circumstances that make a claim of marital abuse illegitimate. This is especially true in the event of a woman being abused by her husband. While many would view a wife as the victim of domestic violence, the reality is that a wife who has endured years of physical and psychological abuse can raise issues about her character that can impact her potential ability to obtain a divorce settlement in the future. An attorney should therefore not necessarily disregard the possibility of abuse, even if the party involved in the case asserts that the abuse did not occur during the course of their marriage.
The next legal issue that may arise in a case of abandonment involves a spouse who has died. This scenario is one of great stress for any legal professional. The attorney must recognize that it will be very difficult, if not impossible, for a judge or jury to understand why the spouse in question chose to take his or her own life. To this end, the attorney must speak with anyone who knows the deceased to try to determine whether there were any legal reasons for the person to take his or her own life. Again, it is very difficult for a judge or jury to understand why someone would take his or her own life when such a situation could have been easily prevented.
Of course, not all cases of abandonment require the involvement of an attorney. In fact, there are some very common legal issues that can arise from a situation where a spouse has left the relationship. For example, if a person has moved out of the marital property and has failed to disclose this fact to the other spouse, there may be a case of fraud or marital misconduct. Again, an attorney may be called upon to explain the legal issues surrounding such a case.
Finally, a couple may decide to separate after a long marriage. There can be many reasons for someone to want to separate. Perhaps the husband wants more freedom or the wife feels trapped in the marriage. However, if there has been emotional abuse or a history of such issues, separation may be the appropriate legal course of action. Again, an attorney may be called upon to explain the legal issues regarding such a separation.
If a couple has decided that divorce is the appropriate route to take, they should not hesitate to seek legal advice regarding any legal issues that may arise during the case. A family lawyer will be able to explain any legal questions that a couple may have and will also be able to guide them through the legal process. In many cases, it will be necessary to provide the legal representation of a lawyer even after the case has been set for trial. This is so the couple may have the best chance possible to obtain the fair settlement that they are seeking.
All in all, it will be important for a couple who has experienced abandonment issues to retain the services of a good attorney as soon as possible. Not only will this allow the couple to proceed with the case in a more streamlined manner, but it may also help them to avoid being placed in a position that will make them vulnerable to exploitation by the opposing party. An attorney will also have greater strength of knowledge and understanding of the legal process and will be in a better position to determine which legal routes are open to the couple. Ultimately, it is in everyone’s best interest to retain an attorney whenever a divorce is imminent.
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