What Is A Fault Divorce

If at all possible fault divorce should be avoided

. It can be extremely stressful and very expensive with much of the joint monies getting used up during the proceedings. It can also result in one or both parties getting left with very little money and on a personal level can leave a person very bitter and often unable to form another relationship.

In the past courts didn't recognize a divorce as being without fault. It was considered that one party must have been more to blame for the breakdown of the marriage than the other party. This of course meant that one party had to accept blame, irrespective of whether they were more to the blame than the other party, if they wanted the divorce agreed by the court.

Today, most divorces are no-fault divorces and the court accepts that there are irreconcilable differences, meaning a couple can no longer continue to live as man and wife. Not only does this reduce court and law firm time which keeps the cost down, it also speeds up the proceedings and from a financial perspective reduces the costs considerably.

However, there are times when a fault divorce occurs and it is not possible to file for a no-fault divorce. A person is likely to opt for a fault divorce when the outcome will have a very beneficial effect financially. It can also happen when someone is unable to forgive the other party and considers getting a fault divorce almost as a punishment for the other person.

It is not always an easy process to get a fault divorce. The person filing for a fault divorce has to prove beyond doubt to the court that the other person was entirely at fault. If the person who is considered to be at fault wants to argue the case then it can take months to complete. Meanwhile the costs are escalating and the parties get more and exasperated with each other.

Nonetheless, there are circumstances where it can be understandable for a person to want to file for a fault divorce. Example can include adultery, cruelty or a mental condition. Indeed, it is possible to file for a fault divorce if the party is unable or unwilling to partake in sexual intercourse.

If you are in a position where you do feel that obtaining a fault divorce is the only option for you it is imperative that you are clear about what is required of you and that you are mentally able to take the strain and are able to pay the costs. Remember, it is possible that you may not be granted the divorce as a fault divorce in which case you costs may increase considerably.

You need to also take account of the fact that you will be questioned by the court in detail about the cause of the fault. This could involve having to tell the court some very personal details and you will be cross questioned by your spouse's law firm to try to prove you wrong.

All of this takes time, planning and many attendances with your chosen law firm, so always see if you can opt for a no-fault divorce if you can.

by: Lawrence Reaves

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