Understanding a Fault Divorce Settlement

The total number of reasons for a divorce between two people who said "I do" awhile back are too numerous to count. The courts and the state would prefer that they try to work things out, which is one of the reasons that marriage counseling services are made available at minimal cost or even for free in many places. A marriage is also a legal entity, so the courts would prefer that the couple stay married, although it is well known that often this is not possible or desirable.

In the case of a fault divorce, one or both of the partners have done something that is the grounds for requesting the divorce. In other words, it is the "fault" of the other. For whatever reason, things cannot be worked out between the two parties and they have determined that divorce is their best option. This is contrasted with a no-fault divorce, where both couples agree that the marriage is just not working for whatever reason, and both parties agree that a divorce is the right thing to do. In best case, this is also sometimes known as an uncontested divorce.

Since divorce law varies widely from state to state, not all states recognize or allow a fault divorce. Some states also require the couple to participate in multiple sessions of marriage counseling services before they will move forward with the divorce.

There are many things which can contribute to a fault divorce. One of the more common things is the cruelty of one of the partners to the other. This happens when one partners inflicts pain on the other. This is not limited to physical pain or abuse, which is an entirely separate matter since that gets into legal jurisdiction with the police. But it can be unnecessary emotional pain to the other. Constant yelling, name calling, and verbal abuse are all forms of this type of fault.

Another very common reason for a fault divorce is adultery, where one partner has an affair with another person. This situation can get sticky, because if the person being cheated on is aware of it for a time and does nothing about it, then the fault divorce case could contend that the partner actually condoned the affair, so if you are in this particular situation, be aware of the legal arguments that could be brought against your fault divorce claim.

Desertion or abandonment is another reason for fault divorce. This is where one partner just moves out and goes to live elsewhere, perhaps with another person and perhaps on their own. They just do not want to be with their original partner any more. This is certainly grounds for a fault divorce. This is similar to a situation where one partner is put into prison for a number of years.

The reason for proving fault in a divorce is that one partner may end up getting a greater share when assets are divided, but again this varies by state, and proof of the alleged fault will need to be obtained and presented.