At Fault Divorce

An at fault divorce can be defined as a divorce proceeding where one spouse proves grounds for a divorce based on one or more legal tenets. The grounds for divorce seek to show fault in the other spouse for the end of the marriage, thus allowing judges to rule more favorably in granting a divorce. Common grounds for at fault divorces are tenets, such as irrevocable damages, acts incompatible to marriage, and various abuse clauses. At one time, states would require proof of fault before granting a divorce, however, for the past three decades, almost all states have moved away from this policy, save for New York, which still requires at fault divorces.

Fast Facts

  • Contesting an at fault divorce is not a great legal strategy, because in almost all cases, a spouse wishing to leave a marriage is allowed to do so.
  • Contesting the terms of an at fault divorce, such as child support, alimony, and division of assets, however, and not the intention of the spouse to dissolve the marriage itself, is important.

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