In many instances, a divorcing couple will choose to get a no-fault divorce. This is when the couple agrees that they had differences that they couldn't reconcile, and because of it, they want to dissolve the marriage. However, in some cases, a fault divorce may be the best solution for the couple. Here are some things you need to know about a fault divorce.
What Is A Fault Divorce?
A fault divorce is when it is legally decided that one person was at fault for the failure of the marriage. Although both parties may have been unhappy in the marriage, if one spouse did things that were a violation of the marriage contract, then it could be considered a fault divorce. Because without their actions, the couple wouldn't have filed for divorce in the first place.
Why File A Fault Divorce?
Many people wonder if they should file a fault divorce and if it will make things better for them. In some cases, a no-fault divorce will be easier, cheaper, and quicker. However, there are some instances where you should consider a fault divorce. One is that you may receive financial restitution for your pain and suffering. If it was determined that your spouse violated your marriage, you could get more in the division of the estate. In other cases, you may be able to get a divorce granted quicker if it is determined that you or your children are in immediate danger. Each situation is so personal as to how long it will take and how easy it will be. That is why you should talk to your divorce attorney about if a fault divorce is right for you.
What Situations Merit a Fault Divorce?
You cannot simply claim that your spouse was at fault for the problems in your marriage, it has to fit certain criteria that the state recognizes as a violation. Some of the reasons to grant a fault divorce are if your spouse is incarcerated for a long period of time, if your spouse was unfaithful to you, if your spouse was abusive to you or the children, and so forth. If you claim that your spouse did any of these things, you will need to be able to prove it. You can use medical records, videos, emails, text messages, court records and so forth. The more you can prove there was foul play, the more likely you are to get a fault divorce granted.
By understanding these things, you can know if filing a fault divorce is right for you.Share