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What is a fault divorce?

There are many reasons for a divorce, and it may be the last choice made by many. In some cases, it can be a decision that is hard for both parties to agree on. They have tried all that they can but they cannot seem to make the marriage work. For this reason it is called a no fault divorce in the courtroom. For other divorces where one or both of the parties have done something to cause the need for divorce, it is referred to as a fault divorce.

A fault divorce may be granted when the proper grounds are there and at least one spouse asks that the divorce be granted on the grounds of fault. Not all states allow fault divorces. There are traditional reasons for fault divorces. Some of them include the following.

Cruelty to one of the spouses is another cause. This is when one spouse will inflict unnecessary emotional or physical pain on the other spouse. This is the most usual cause for divorce. Adultery is another. This is when one of the spouses has an affair on the other spouse. This is another very popular reason why people end up getting divorced with a fault decision.

Desertion can also be determined as a fault divorce. This is when one party leaves the other for a certain length of time. This usually means that one spouse moves out of the home and lives independently or with another person. They will leave the other spouse to live on their own and not want to be with that person anymore.

If a person is confined to prison for a certain number of years, this can mean grounds for divorce by the spouse that is free. They can determine that they want to end the marriage and start the necessary divorce proceedings. Another reason may be if one party has an inability to engage in sexual intercourse, as long as it was not disclosed before the marriage took place.

The reason to choose a fault divorce is because some people do not want to wait. They do not want to have a separation required by their state's law for fault divorce. In some states, a spouse who proves the other person is at fault, this may end up getting them a greater share of the marital property or more alimony. This is why the fault divorce is so popular these days.

Fault Divorce

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This Divorce site is for informational purposes only. We strongly suggest that parties consult with a legal representative regarding divorce proceedings.