Divorce is one of the most difficult and emotionally taxing decisions any individual can go through in life. But it is sometimes necessary in order to protect the legal rights and wellbeing of both spouses. In some cases, the decision to end a marriage is made more difficult due to the introduction of fault divorce. Fault divorce is a legal option in certain jurisdictions and has been used to dissolve marriages for centuries.
What Is Fault Divorce?
Fault divorce is a process of dissolving a marriage based on the guilty party’s misconduct, such as adultery, cruelty, or abandonment. This type of divorce has changed over the years and is not available in all jurisdictions. Fault divorce was the only type of dissolution available prior to the introduction of no-fault divorce.
No-Fault Divorce
No-fault divorce came about in the 1970s and is now used by a majority of states. No-fault divorce is based on the idea that spouses can end their marriage without one of them being legally at fault. This type of divorce is often preferred by couples as it is less expensive and less time-consuming. No-fault divorce is based on a “no-fault” grounds, such as irreconcilable differences or incompatibility.
What States Allow Fault Divorce?
Fault divorce is available in some states and is generally used when a spouse is unwilling to legally agree to a no-fault divorce. In these instances, the “guilty” party must prove that their spouse is at fault for the dissolution of the marriage. Also, the non-guilty spouse must show evidence to the court that their spouse has done something to warrant the dissolution of the marriage. Some of these states are New York, California, Florida, and Illinois.
The Impact of Fault Divorce
Fault divorce can have a variety of impacts on the individual spouses and their families. In most states, having a fault-based divorce can impact one’s ability to obtain spousal support, alimony, and child support. Additionally, both spouses can be connected with an emotional strain that can be difficult to heal in order to move on from the marriage.
Conclusion
Fault divorce has been a part of the legal system for centuries, allowing couples to end their marriages based on misconduct or other legal grounds. In some cases, fault divorce can be the only option available. It’s important to speak with an experienced attorney if you’re considering this option to ensure that you understand the process and its potential consequences.