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What is a “fault” divorce?

November 5, 2016 Blog

Here’s a great article by Justin Farar, a premier Fresno personal injury lawyer. Going through a divorce can be an extremely stressful experience. People get married expecting to spend the rest of their life with their soulmate, but the marriage can come unraveled before they know it. Couples are then left to pick up the pieces of their life. If divorce is imminent, one of the things a person needs to do first is officially end the marriage. If one person is completely to blame for the divorce, an individual has the option to file a fault divorce.

What is a Fault Divorce?
When a person decides to pursue a fault divorce, their spouse is the one that caused the split. A person in the marriage has done something that caused the union to be irrevocably broken.

Reasons for a Fault Divorce
States vary on the laws relating to a fault divorce. Some of the reasons why a person has reason for a fault divorce include adultery, abuse, sexual preferences, crime, and mental instability. When getting a fault divorce, the person must prove that one of these situations took place. An individual cannot just “think” their mate committed one of these acts.

Advantages of Getting a Fault Divorce
One of the main advantages of a fault divorce is that it is normally granted quicker. In addition, when it comes time to divide up assets, the court could consider whose fault it is. This could be especially beneficial if children are involved and a custody battle is taking place.

Defenses for a Fault Divorce
The person accused of being at fault in the marriage will have a defense for the divorce. If an individual is accused of adultery, a common defense is if the mate had knowledge about it and didn’t care. If that is the case, he or she cannot take advantage of that in court. In addition, if the adultery occurred way in the past and the couple had moved on, it cannot be used in court. If the other party is also doing the same thing, he or she cannot use that in a fault divorce.

Fault needs to be proven, so both parties need to have witnesses that are reliable to support the claim. In many of the fault divorce situations, both people involved are stating that the other one is at fault. The judge will normally decide which one’s case is more reliable.

What if Spouses Fight?
In some cases, couples argue about who is at fault or whether anyone is at fault. In this case, the judge will get the last word. Judges can make the decision on whether adultery or abuse occurred in the marriage. Property will be divided differently if a fault divorce occurred rather than a no-fault divorce. If a judge rules in favor of one party, he or she will walk away feeling a sense that some justice has taken place. A lawyer can help a person get the revenge he or she needs to feel vindicated.

A fault divorce is normally more expensive than a no-fault divorce. A trial might be warranted, so other fees and charges. Expert witnesses are required. In some cases, the case can be settled before trial.

Get Legal Advice
People who are seeking a fault divorce need to seek the advice of a lawyer. An attorney can help individuals prove their case to resolve the matter as quickly as possible. At SpodekLawgroup, we can help people who are seeking a fault divorce. This can be a long and complicated process, so an experienced lawyer can guide you through the process. We will work hard to fight for your rights and see that you get justice.



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