Home > Faq
Most states will allow you to get a no-fault divorce, but a fault (at-fault) divorce may be a better option for some people who want out of their marriage quickly but live in states with divorce laws that say they must be separated for a certain amount of time before they can file for a no-fault divorce.
Why Would I want an At-fault Divorce?
Some people don’t want to have to wait out the separation period required of them for a no-fault divorce in their state. An at-fault divorce will allow them to get divorced promptly.
An at-fault divorce may also put one spouse at an advantage over the other when it comes to setting child custody, child support and alimony.
What Are the Grounds for an At-fault Divorce?
Some of the more common reasons courts accept as grounds for a fault divorce are:
· Cruelty
· Physical inability to have sex that was undisclosed before the marriage
· Infection with an STD
· Adultery
· Substantially long prison sentence
· Habitual use of addictive drugs
· Habitual drunkenness
· Desertion
· Insanity
If one spouse wants an at-fault divorce and the other wants to remain together, in most cases it is not worthwhile for the spouse who wishes to remain together to fight it as most divorces are granted. There are several defenses available, however, including claims of connivance, condonation, collusion or provocation.
What if Both Spouses Are at Fault?
A hearing is held to determine the proportion of fault of each spouse. This is known as comparative rectitude. This proportion may be used in the distribution of property or for other arrangements.
Considering a Divorce?
Please contact us today for a complimentary consultation with an experienced family law attorney who can answer all your questions and help you with all of your family law needs.