Fault Divorce Versus No-Fault divorce

By admin / April 21, 2009
By: Jessie Kay
Category: Divorce

There are many reasons why married couples decide to get divorced. Sometimes the couple has tried everything to try to make their marriage work and they finally decide that a divorce is for the best. Others just prefer not to air their dirty laundry in front of the world and so state that their marriage has irretrievably broken down. This is referred to a no-fault divorce by the courts. In this situation the court does not get into why the couple wants to get divorced and the judge will not ask questions about the marriage and will allow the divorce to move forward.

In other cases, where one or both of the parties have done something to cause the breakdown of the marriage, the courts may grant a fault divorce. There are many traditional reasons for fault divorces, some of these include:
1. Cruelty - This is when one spouse inflicts unnecessary emotional or physical pain on the other spouse.
2. Adultery - When one spouse has an affair and betrays his or her spouse with someone else.
3. Desertion - This is when one spouse leaves the other and lives either independently or with another person for a certain length of time.
4. Incarceration - If one partner is confined to prison for a certain number of years, their spouse could file for divorce stating that they want to move forward with their life and are unable to do so with their spouse in prison.
5. Inability to engage in sexual intercourse - If for any reason one partner is unable to have normal sexual relations with their spouse (as long as it was not disclosed before they were married) then the other spouse has grounds to begin divorce proceedings.
6. Alcohol or drug abuse.
7. Insanity.
Fault divorces can sometimes be very stressful and embarrassing for the couple. Often their private life is questioned and a lot of personal details are revealed in court. However, some might consider a fault divorce advantageous as they may be awarded a better settlement or greater share of the marital property or sometimes even more alimony. For this reason fault divorce is quite popular these days.


When it comes to divorce and child custody, educating yourself is the very best thing you can do. Visit www.divorceandchildcustody.info now!



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