Common Reasons For Justifying a Fault Divorce

If you are facing divorce and are living in a state where divorces are granted based on whether or not one party is at fault (known as a fault divorce state), you may wonder about what common grounds are used to determine fault and what reasons are used to justify fault in a divorce situation. Most states recognize a variety of different possible fault grounds with regards to divorce. Each state may have variations that determine whether or not these common fault grounds are proof enough for a divorce, but all states typically have some version of these grounds as fault for a divorce.

Common Grounds for a Fault Divorce

The most common ground for fault in a divorce situation is adultery.

Adultery is considered to be committed whenever one spouse had sexual or intimate relationships with another individual outside of the marriage. Some states define adultery as any intimate relationships, whether same sex or opposite sex, while other states define adultery only as intimate relationships with another member of the opposite sex outside of marriage. Adultery often requires proof, such as a witness, signed testimony, or other physical proof, while some states require only that there is reason to believe that adultery could have taken place, and that opportunity existed.

Another common ground for fault in a divorce situation is incarceration.

Most states have provisions in their divorce law that if one spouse is convicted of a crime that will carry a sentence of three or more years of imprisonment, that imprisonment in acceptable as fault grounds for a divorce. This way, individuals who cannot contact their spouse because they are in jail, etc., can file for divorce unilaterally without having to have their spouse sign the papers, especially if the spouse is inaccessible due to prison. This fault ground is similar to the abandonment fault ground in that one spouse has left the other one or is unavailable.

Another common ground for fault in a divorce situation is cruelty or other harsh treatment.

This can range from the typical definition of cruelty such as physical abuse, to treatment such as neglect, emotional abuse, sexual abuse, or other types of unkind behavior. Cruelty is one of the harder grounds of divorce to prove when trying to prove fault in a divorce, because many of the acts which fit the definition of cruelty are not physical in nature and do not leave visible marks or scars.

Getting Help

If you wish to file for a fault divorce, it is a good idea to speak with an experienced divorce attorney. He or she can help you to determine if there are sufficient grounds for a fault divorce and can help you take steps to prove your argument for fault.

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