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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 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.
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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