Advantages of Choosing a Fault Divorce

States have their own divorce laws concerning dissolution of a marriage on ground of fault by one of the spouses but, in general, there are no real advantages in filing a complaint for divorce based on fault over filing a petition for divorce without alleging spousal fault. That being said; like every marriage is unique to those people and family members, every divorce action must be distinctly crafted to dissolve that relationship. If the truth is that a marriage is ending because one spouse is impotent, or have become insane or been sent to prison for the rest of his or her life then that is the truth. It would seem disingenuous to try to convince a probate and family court judge that due to irreconcilable differences you and your beloved spouse State inmate number 124847 have voluntarily opted to discontinue living together anymore.

The Truth is the Truth

The only really advantage to filing a complaint for a fault based divorce is addressing the truth of the circumstances of the marital breakdown. Courts do appreciate the truth and can sometimes help to prevent further injury to children and spouses if they are made aware of what the truth really is. In other words, if a marital partner is in a relationship that includes spousal mental, sexual and physical abuse of the spouse and the children of the marriage the best way to invoke judicial protections is to tell the truth about the abuse and obtain the appropriate restraining orders and financial support orders needed to maintain the health and well being of marital children and non-aggressor spouses. The court cannot help if a spouse is intimated or forced by an abusive spouse into signing a no fault divorce petition that appears to absolve that person of all wrongdoing in connection with the dissolution of the marital contract. Similarly, if a spouse is dealing with a partner that is using drugs or alcohol to the extent that he or she is placing the other spouse and marital children in danger suffering severe or fatal injury due to related gang and criminal substance abuse activity, it would be reasonable to tell the court the truth and invoke any and all protections available in a divorce action by filing the complaint for divorce on grounds of fault.

Getting Legal Help

If you or a member of your family is considering filing a complaint for divorce on grounds of fault it would be helpful to the discuss the circumstances of the dissolution of your marriage with a divorce attorney.

Thinking About Divorce?