What You Need To Know About Fault Divorce

Divorce is quite common in our country. In 1969 Governor Ronald Reagan of California signed a no-fault divorce bill, which allowed couples to divorce without having to prove fault of one of the spouses. No-fault divorces are very common now and are the main way that people get divorced. However, there is still fault divorce in many states. In some cases, a fault divorce might be the best thing for you in your situation. Here are some things you need to know about fault divorce.

What Is A Fault Divorce?

A fault divorce is when you can prove that one partner in the marriage did something wrong that caused the destruction of your marriage. With a no-fault divorce, couples can simply say that they don't want to be married anymore, that they don't love each other, that they have different goals, etc., and be granted a divorce. Before, with a fault divorce, there had to be some proof that one partner committed some sort of grievance or else they would not be granted a divorce.

What Kinds Of Things Merit A Fault Divorce?

There are not too many things that are considered for a fault divorce. One of the most common is physical or emotional harm. If one spouse was abusive, you could file for a fault divorce. Another is that the person was unfaithful and committed adultery. You can also get a fault divorce granted if your spouse is in jail for a long period of time, if your spouse abandoned you for a specific length of time or deserted your family.

Why File A Fault Divorce?

You might be wondering why anyone would want to file a fault divorce. It seems like it would be easier to just say that you don't want to be married anymore and be done with it. However, there are two main reasons to file a fault divorce. The first is that it can speed up the divorce. In some cases, a no fault divorce can take years to resolve. With all the negotiations and filing, it can be drawn out. A fault divorce generally moves quicker.

Second, you might get more out of the divorce if you were the victim. If your spouse abused you, abandoned you, or harmed you in any way, you could get more of the estate.

For more information, contact a divorce lawyer from Finke Law Office or a similar firm.


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