Fault Divorce

Fault divorce is the process of dissolving a marriage in which one or both partners claim that the other spouse was in some fashion responsible for the divorce. In the past, fault divorce was the only means of obtaining a divorce, but with time, no-fault divorces have emerged, and only one state, New York, actually requires fault divorce to end a marriage. Fault divorces require some form of fault to be proven as the main reason for the cause of the end of a marriage. This level of fault may eventually influence the fallout from the divorce, including asset distribution and child custody. If one spouse files for a fault divorce, the other spouse may file counter claims for fault against the originally filing spouse, as well.

Fast Facts

  • Fault divorce typically involves contested divorce agreements, which require more money and time to resolve than no-fault divorces.
  • The vast majority of divorces are noted as uncontested or no-fault divorces, which is most likely due to mediation or negotiation outside of the courts before submitting a mutually agreed upon divorce agreement to the courts.

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