Most divorces are considered a no-fault divorce. Generally, no-fault divorces are much easier to get granted and are considered ideal for most situations. However, there are some instances where you can get a fault divorce granted. Here are some things that you need to know about a fault divorce so that you can protect yourself in the case that you have a divorce.
What Is A Fault Divorce?
A fault divorce is where one spouse wrongs the other so they can take fault for the dissolution of the marriage. In a no-fault divorce both partners just admit that they had irreconcilable differences and that neither person was solely responsible for the failure of the relationship.
The reason you would want to file a fault divorce is because the wronged spouse can usually get a better settlement from it. They might get more money in alimony or it could void a prenuptial agreement. Thus, if you do have reason to believe that your spouse was at fault for the dissolution of the marriage then you should disclose this to your attorney from a firm like Rosenmeier Law Office.
What Merits A Fault Divorce?
You cannot simply say that your spouse was difficult to live with or that they were mean. This will not get a fault divorce granted. There are certain things that the law still recognizes as a violation of the marriage relationship. Here are a couple of these things:
1) Incarceration
If your spouse is in prison for the foreseeable future, then you can get a fault divorce granted. This is because the courts don't expect you to stay married to someone who cannot be physically present, care for your family, or work and contribute financial support. This is why many people who have spouses who are incarcerated choose to get a divorce.
2) Infidelity
Being unfaithful in a marriage is considered to be a violation of the marriage vow. If one spouse has had an affair or any extra-marital relationships you can disclose this to your lawyer and get damages in the divorce. This may not change the division of the actual estate, but it can affect how much you get in alimony.
3) Abuse
The courts do not expect you to stay married to someone who harms you. If your partner has a history of domestic abuse against you or your children, then you can easily get a divorce granted, and your partner may face criminal charges as well.
By understanding what merits a fault divorce, you can protect yourself and your family.
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