Fault divorce is the one which is awarded when there is a fault as a divorce ground. Or you can say that, a ‘fault divorce’ is the one in which the obligatory grounds are there and at least one spouse files for a divorce decree under those fault divorce grounds.
Why to File for a Fault Divorce?
If you are filing for a
no-fault divorce, the divorce court may order a mandatory separation period or
mediation counseling. In some states, no-fault divorce may take more time to process and thus ensue delay. The processing of fault divorce is relatively fast. Moreover, some state’s
divorce laws grant the petitioner of a fault divorce a bigger share of
community or martial property or more
alimony.
What If Both of the Spouses are At Fault?
If both the spouses are at fault, the divorce laws dictate allowance of divorce decree to the spouse whose offense is relatively smaller. This guideline is termed as “Comparative Rectitude”.
What is Comparative Rectitude?
Comparative Rectitude law was constituted because earlier on when it was proved that both of the parties were at fault, none were granted a divorce decree. This resulted into the constitution of the concept of relative morality and thus comparative rectitude law.
Fault Divorce Grounds:
Following are some of the common fault divorce grounds shared by most of the states of the US:
- Malice (causing mental or physical pain) –This is the most common fault divorce ground.
- Adultery is another major fault divorce ground
- Desertion for a particular period (this fault divorce ground’s period varies from state to state. Consult a divorce lawyer or divorce attorney in your state to get expert advice)
- Imprisonment for a set number of years( number of years vary from state to state’s fault divorce grounds)
- Physical or mental incapacitation
Although above mentioned fault divorce grounds seem simple enough, you will require the services of a professional divorce lawyer or divorce attorney to get you the maximum number of benefits.
Not all the states of the US grant fault divorces. Since each state of the US has its own fault divorce grounds and divorce laws, consult a professional divorce lawyer or divorce attorney to get expert fault divorce related information in your state.
