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 may be granted when the proper grounds are there and at least one or both spouses ask that the divorce be granted on the grounds of fault. It's important to know that not all states allow fault divorces. The following are some traditional reasons for fault divorces:

Cruelty to one of the spouses is another valid cause. This is when one spouse inflicts unnecessary emotional or physical pain on the other spouse. This is the most popular cause for divorce. Adultery is another. This is when one of the spouses has an affair on the other spouse. This is another very usual 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 blatantly leaves the other for an extended length of time. So this means that one spouse moves out of the home and lives alone or with another person. They will leave the other spouse to live on their own and decide not to be with that person anymore.

Lastly, if a person is confined to a prison for a certain number of years, this can be grounds for divorce by the spouse that is free. They can decide that they want to end the marriage all together and start the necessary divorce proceedings. Another reason can be if one party has an inability to engage in sexual intercourse. It's important to know that this reason only counts as a "fault" divorce 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 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.


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