The types of fault most commonly recognized as grounds for divorce are adultery, mental or physical cruelty, desertion or abandonment (usually for at least one year), nonsupport, gross neglect, alcoholism or drug addiction, impotence, insanity, and conviction of a felony (a prison sentence of at least one to three years may be required). One important ground rule: To obtain a divorce based on fault, the innocent spouse must be the one who initiates the legal proceedings; a person cannot go out and commit adultery, then file for divorce on the ground that he or she has been unfaithful. In some states, a divorce is available if the parties have been separated under court order or written agreement for a specified length of time, ordinarily six months to two years, depending on the state.

If you or a loved one is in need of an expert Sacramento divorce attorney, call (916) 266-0188 to speak with Robert N. Kitay today. It is important to protect your legal rights.

Before no-fault divorces, adultery and extreme mental cruelty were the most common types of fault alleged in divorce actions. The adultery often was staged or committed with the other spouse’s approval. The “guilty” spouse usually would be caught in the act by the “innocent” spouse’s private investigator, who always had enough time to take several incriminating pictures for evidence.

If you or a loved one is in need of an expert divorce lawyer in Sacramento, call (916) 266-0188 to speak with Robert N. Kitay today. It is important to protect your legal rights.

Divorces based on mental cruelty frequently included testimony from friends, neighbors, and relatives, stating that they had heard one spouse verbally abuse or humiliate the other incessantly. The children might even be called to testify about general living conditions—the house was unsanitary, a parent was drunk every night—or about constant and heated arguments they overheard between their parents. Not infrequently, except for the children’s testimony, much of the testimony was exaggerated, even completely fabricated, to ensure that the divorce would be granted.

If you or a loved one is in need of an expert divorce lawyer Sacramento, call (916) 266-0188 to speak with Robert N. Kitay today. It is important to protect your legal rights.

Law Office of Robert N. Kitay
2508 Garfield Avenue, Suite A
Carmichael CA 95608
Tel: (916) 266-0188