You don’t go into a marriage expecting it will, at any point, end. But, sometimes, for whatever reason, the union does not last. In the best-case scenario, the parting is amicable. Both parties agree to go their separate ways without drama.
In other instances, there may be friction if one person feels they are getting a raw deal. It is not uncommon for such cases to drag on for years.
Without a doubt, the impact on the family and financial status can be profound. On average, a peaceful divorce can cost anywhere from $4,100. If any disputes occur and the divorce makes it to court, get ready to part with anything from $23,300 upwards.
Now, what if you decide to sue someone for ending a marriage? Read on to understand what it entails and how to go about it.
1. Know Who You Can Sue For the End of a Marriage
The two main parties you sue for ending a marriage.
- The first is your spouse in a ‘fault’ divorce. But you must prove that your spouse’s marital misconduct is the reason behind the end of the relationship. An example would be abandonment or dissertation.
- The other defendant would be a third party. Let’s say you find out that your partner is having an affair. You can go after the interloper, in this case, the mistress or boyfriend, whichever applies. The basis of your court case will be the alienation of affection. You must prove that the entry of the third party has resulted in the loss of specific rights. These include assistance, services, or sexual relations.
Please line up the proverbial ducks in a row when going for a ‘fault’ lawsuit. The onus is on you and your defense team to prove your case. The courts are careful when handling such cases for one reason. Some plaintiffs use them for revenge purposes. You may come across as bitter and lacking merit if you can’t prove your claims.
2. Have Clarity on the Financial Implication of the Suit
Unlike ‘no-fault’ divorce cases, what we have described above can be pretty expensive. If you don’t have ready cash, you can resort to getting help from litigation funding companies.
Lawsuit funding companies avail cash advances to plaintiffs, law firms, and attorneys. You don’t have to worry about keeping up with bills during the trial period. Only go for the best-rated lawsuit companies. Learn all you can about them and their legal funding offering.
Reputable pre-settlement funding companies, for instance, can avail of cash within 24 hours. You get to know from the beginning how much you will pay, including all fees. Be wary of those who have unnecessary costs or are unwilling to provide a proper breakdown.
Top-rated lawsuit funding companies also work on a contingency basis. That means payment of the cash advances depends on the case’s outcome. Do note, though, that the settlement funding companies may have different requirements. Take time to ask relevant questions before signing up.
3. Get the Right Legal Team
The strength of the case lies in the right legal team. If you do not already have an attorney, take the time to find a good one. Like in the case of choosing the best legal funding companies, proper research is necessary. Make sure you hire an attorney with expertise in that area.
The lawyer must also have a good understanding of the applicable state laws. In the U.S, many states abolished alienation of affection, desertion, and broken engagement lawsuits. Others like Hawaii, New Mexico, Utah, and Illinois allow such cases.
A reputable legal company will not take on your case if they know the chances of winning do not exist. As we stated, such lawsuits can be complex, time-consuming, and expensive. You must also have sufficient proof:-
- Of the existence of happiness and love in the marriage
- That the third party’s acts contributed to the destruction of the love
- That the third party had the intention to destroy the love, happiness, and marriage between you and your spouse
The lawyer will need you to provide evidence. Such could be in the form of documentation, videos, audio recordings, or witness testimony.
A lawyer who has your best interest at heart will advise on different options. For many, trials are a last resort. The attorney may advise on mediation or arbitration instead. Going to court will only be necessary if the parties cannot agree.
Rest easy knowing the legal team will do all the hard work for you. This includes filing motions, investigations, appeals, and so on. The teams will also keep you apprised of every stage of the process. Do your part by ensuring total transparency. Also, be available when the team needs you.
4. Prepare For a Bruising Battle
Lawsuit lending companies can give you breathing room when it comes to finances. But, they cannot deal with the emotional aspect of court cases. If you are sure you want to proceed, it’s time to start growing that thick skin we hear so much about. One thing is for sure, get ready for a bruising and gruesome battle ahead.
You are already dealing with the loss of a marriage. It can be especially tough if you love the person, and kids are involved.
Battles involving spouses can turn downright nasty. The Amber Heard and Johnny Depp court case will be a blight on the 2022 calendar. True, there is no third party involved in this particular trial. But, it is a perfect example of how things can go south and stay there.
Expect a lot of scrutiny and uncovering of personal details. You can be sure that the defendant’s team will also be interested in your life.
You will need a lot of emotional support from those who are close to you. Counselors and therapists can also be a support pillar at such times. Remember that the outcome of the case may not be in your favor. Knowing how to deal with such results will prove beneficial in the end.
Divorce is ugly yet a reality for some couples. You can choose to sue someone for the end of your marriage. But, take time to determine whether it is the best route. If you want to go ahead, hire a competent legal team with expertise in that area.
You must also be realistic about the financial demands. Pre-settlement funding companies can avail cash to help you during the trial period.