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Fault Divorce


In a fault divorce, the spouse filing for a divorce is required to establish a reason or grounds for the divorce. This is typically some form of misconduct that justifies the termination of the marriage. Grounds for divorce may include the following:

  • Impotency
  • Bigamy
  • Adultery
  • Malicious desertion or abandonment for a specified time period
  • Habitual drunkenness or drug addiction for an extended period of time
  • Attempted murder of one spouse by the other
  • Extreme physical or mental cruelty
  • Felony conviction or incarceration for a certain amount of time
  • Infecting with a sexually transmitted disease
If the spouses have lived separate and apart for two years and irreconcilable differences have caused a breakdown in the marriage, the divorce court may determine that reconciliation is impracticable and not in the best interest of the family. If both spouses are at fault for the divorce, you are still entitled to a divorce, and the court will determine which party will be awarded the fault divorce.

Differences Between Fault and No Fault Divorces

One critical difference is that there is generally not a divorce waiting period for a fault divorce. There may be a divorce waiting period before a no fault divorce becomes effective. Additionally, in a few states, proof of fault may increase the portion of the marital assets awarded to the non-offending spouse or even increase the amount of alimony awarded.

Speak with a Divorce Attorney about Fault Divorce

If you have questions about the fault grounds for divorce or would like to speak to a divorce lawyer about your specific situation, connect with a local divorce lawyer today. Call 877-349-1310 or fill out a divorce case review form to connect with a participating divorce lawyer in your area to schedule an initial consultation.

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