What is a Fault Divorce?

Depending on what state you file for divorce in, you may be eligible to file for a "fault" divorce. State law will dictate what circumstances fall under the fault divorce category and who can apply. The most commonly used type of fault divorce is cruelty. This is when one spouse has inflicted physical and/or emotional pain on the other spouse unnecessarily. While this is the most commonly used argument, it is up to the person claiming this type of divorce to prove that abuse took place.

Other popular types of claims include desertion, inability to have sexual intercourse, adultery and long-term prison sentences. There are certain benefits to filing for a fault divorce. You may be able to have your divorce finalized sooner than if you file for a "no-fault" divorce wherein there may be a waiting period. When both parties are found to be at fault in a divorce, the judge will determine who is least at fault and grant a "comparative rectitude." Planning to file for divorce? Make sure that you have a family law attorney on your side that is committed to protecting your best interests.