What is a fault based divorce?

Many people wonder how to get a divorce and the various ways to obtain a divorce.  One of the most popular is known as the fault based divorce. In short, a fault based divorce would require that the spouse prove that the other spouse has committed some sort of act permitting divorce.  The most common acts for fault based divorce include the following:

 

 

 

• Adultery
  Abandonment
  Conviction of a felony
  Imprisonment
  Insanity
  Cruelty
  Abuse

 

Important considerations about fault based divorce:

Most States require that the spouse requesting the fault base divorce have some sort of evidence proving the case. Obtaining evidence would be performed by the use of tangible materials such as video tapes, recordings and even confirmation from a third party. It is vitally important to have your information organized and to have sufficient informational evidence. Many people go the route of hiring a private investigator because they are well versed and experienced at fault based divorce scenarios.

What are the benefits of a fault based divorce?

With a fault base divorce there may not be a waiting period, unlike a no fault divorce situation. Fault base divorces may automatically authorize the spouse who was not at fault to receive the custody of children. This would include alimony and child support. Finally in fault base divorce cases, a larger portion of marital assets may also be given to the claiming spouse.

What are the disadvantages of fault based divorce?

With a fault based divorce, the spouse would need to prove fault in court. Essentially both parties would need to provide details on the details of the situation and why a fault base divorce is requested. This would mean sharing with the public all of the details and drama associated.

To learn more about divorce in general see our types of divorce hot topic.


If you are considering getting a fault based divorce, the best thing you should do is seek the advice of an experienced legal attorney. Receive a divorce case evaluation today for more information on obtaining a fault based divorce.