What is a ‘fault’ divorce?

A fault divorce occurs when one party is blamed by the other and viewed as causing the divorce. Traditionally, couples were not just able to divorce whenever they wanted to. One party to the marriage must have done something that warranted the other wanting to end the marital union. Today, however, all states recognize no fault grounds for divorce and many are doing away with the concept of "fault divorce" entirely. When fault still exists, however, it requires the spouse alleging fault to prove his or her assertions. 

Grounds for a Fault Divorce

Each state sets its own rules for divorce, including its own list of situations that can lead to a fault divorce. These situations are referred to as "grounds" for divorce. Some common grounds for divorce include:

• Adultery
• Cruelty
• Homosexuality
• Inability to engage in sexual intercourse
• The commission of a felony by one of the parties
• Mental instability by one of the parties

There may also be additional grounds for divorce, depending on where you live and the specific rules in that state. It is important to be aware, however, that whatever grounds you choose, you are responsible for proving those grounds. For example, if you wish to get a divorce because you believe your spouse has committed adultery, you will need more than just a feeling. You will need solid evidence for the court to review. 

Benefits of Filing for a Fault Divorce

If you have clear evidence of fault and your state recognizes a fault divorce, then there may be some benefits associated with filing one. In some cases, a fault divorce can be obtained more quickly than a no fault divorce. Some jurisdictions also take fault into account when dividing up assets and/or instituting spousal support orders. 

Getting Help

Because the rules regarding fault divorces differ greatly by state, consulting with an experienced lawyer in your area is essential if you hope to get a divorce based on fault grounds. 

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