Marital Fault

In divorce law, marital fault is defined as one of the necessary elements allowing for a fault based divorce. However, since the 1970's, all states, but New York, have enacted laws allowing for no-fault based or uncontested divorces, which are cheaper and faster to undergo. Marital fault used in a fault based divorce harm or damage done to one spouse by another during the marriage that results in the end of the marriage. In many states, the establishment of fault, both formally or informally, will influence the outcome of alimony arrangements and division of assets. Additionally, fault based divorces will require legal costs due to their complexity, and in the event of a judgment, the spouse alleging fault may recover legal fees.

Fast Facts

  • Fault based divorces are still allowed in most states, but New York is the only state to require fault before granting a divorce.
  • Fault based divorces are often avoided due to their length and expense, however, the option is still available, if fault existed.

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