What is a fault divorce?

There are many reasons for a divorce, and it is often the last choice available to a couple. Oftentimes, it can be a decision that is hard for both parties to agree on. When a couple has tried everything in their power to make the marriage work, but it is still going bad, the courtroom determines the divorce as a "no fault divorce." In contrast, divorces where one or both of the parties has caused the need for divorce, it is called a "fault divorce."

A fault divorce might be granted when the proper grounds are present 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 explained by one spouse inflicting unnecessary emotional or physical pain on the other spouse. This is, unfortunately, the most usual cause for a divorce. Adultery is another big reason couples decide to get a fault divorce. This is when one of the spouses has an affair on the other spouse.

Desertion can also be determined as a fault divorce. Desertion is described as one party leaving the other for a certain length of time. This usually means that one spouse moves out of the couple's joint housing 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 imprisoned for a certain amount of time, this can be grounds for divorce by the spouse that is free. They can decide that they want to end the marriage and start the necessary divorce proceedings. Another reason might be if one party has an inability to engage in sexual intercourse, as long as it was not made known 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 that the other person is at fault may end up getting a greater share of the marital property or more alimony. This is why the fault divorce is so popular these days.





 

Visit San Diego's top lawyers directory:

San Diego lawyer attorney legal directory