Fault Divorce
A divorce where one spouse must prove the other committed specific misconduct such as adultery, cruelty, or abandonment.
Understanding Fault Divorce
In a fault divorce, the filing spouse alleges specific wrongdoing by the other party as grounds for ending the marriage. Common fault grounds include adultery, physical or mental cruelty, abandonment, substance abuse, incarceration, and impotence. Proving fault can affect alimony awards and sometimes property division. While all states now offer no-fault divorce, some still allow fault-based filings which can provide strategic advantages in certain cases.
Real-World Examples
He filed a fault divorce based on adultery after discovering his wife's affair, which influenced the judge's alimony decision in his favor.
State-by-State Variations
Some states like New York and Illinois still allow fault grounds alongside no-fault. Others like California and Florida are purely no-fault states.
Related Terms
A divorce where neither spouse must prove wrongdoing — only that the marriage is irreparably broken.
Grounds for DivorceThe legally recognized reasons for seeking a divorce, which can be fault-based (adultery, cruelty) or no-fault (irreconcilable differences).
Irreconcilable DifferencesA no-fault ground for divorce meaning the spouses have differences that cannot be resolved and the marriage is beyond repair.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.