What Is a Fault-Based Divorce?
You might be wondering what fault-based divorces are all about if you think that a couple should only get a divorce if they can’t get along anymore and not blame each other. They used to be the norm in many states, demanding proof of specific reasons for divorce. However, things have changed, and now “no-fault” divorces are common in many places.
Proving fault for a fault-based divorce can be a challenge. It often requires a ton of evidence and may end up in a more contentious legal battle. In a fault-based divorce, the actions of one spouse might sway alimony decisions. For instance, a spouse at fault might receive less or no alimony.
If you live in a state that works under a fault-based divorce or goes for both fault and no-fault, like in Louisiana, you will have to go through specific steps and considerations. Filing for divorce in Louisiana has its own set of requirements including having an agreement with your spouse about all issues that relate to your divorce.
In this article, we’ll walk you through the concept, the impact it has on the divorce process, and the grounds needed to seek this type of divorce that should be considered.
Definition of Fault-Based Divorce
The misconduct and misbehavior of one spouse can be grounds for a fault-based divorce. If your spouse has taken part in such activities as adultery, abuse, abandonment, or addiction, you have the legal basis to file for a fault divorce. Concerning property division, alimony, and child custody, you may have stronger grounds for compensation when it has been established that your partner is at fault.
If you are considering this kind of divorce, it is important to gather some evidence in support of your arguments. Such pieces of evidence include details of incidents occurring during the relationship, testimonies from witnesses, and financial documents, among others.
Divorce lawyer Melissa D. Cianci reminds us that filing a fault-based divorce can be very difficult emotionally or even become a legal battlefield, but if you think that his actions have greatly affected the marriage, then going for it might save you more trouble than anything else.
Grounds for Seeking Fault-Based Divorce
With fault-based divorces, it is necessary to give specific reasons for the marriage dissolution due to the misconduct of one party. Common grounds for seeking a fault-based divorce include adultery, cruelty, abandonment, substance abuse, a felony conviction, or mental illness.
Adultery is an important reason given for fault-based divorces because it breaks trust and commitment, which are so vital in any marriage. Cruelty means that physical, emotional, or mental abuse has affected the marital relationship in great measure.
Abandonment happens when a spouse walks out of a relationship with no good cause, leading to the end of a marriage. Substance abuse, like alcoholism or drug addiction, can also lead to divorce if it significantly hampers the relationship.
A felon’s conviction or mental illness by either spouse too constitutes valid grounds for divorce due to their potential to severely strain the marriage and undermine its viability.
Impact on Divorce Proceedings
It is alleged that when anybody is getting divorced on grounds of fault, the proceedings may become more bitter and protracted, which may lead to a legal battle that could involve emotional drain. Having to prove fault will tend to escalate disputes between you and your partner, leading to more challenges in negotiations and higher chances of going to court.
The presence or absence of fault during marriage can also affect how property is divided, whether alimony is awarded, or even child custody decisions. The basis for guilt therefore affects financial support decisions by the court or parental responsibility-sharing arrangements. As a result, it implies that the fault grounds alleged in the proceedings may have an impact on the outcome of your divorce settlement.
There are emotional implications associated with litigating a fault-based divorce. The process of venting out frustrations and pointing fingers at each other in public only leads to straining relationships beyond repair while at the same time prolonging healing after divorcing. These potential outcomes should be taken into account before deciding whether or not one should go ahead with a blame game-based divorce proceeding.
Comparison With No-Fault Divorce
In a no-fault divorce, you don’t need to prove that your spouse did anything wrong to end the marriage. This can lead to a more amicable process, as it focuses on irreconcilable differences rather than assigning blame.
In a fault-based divorce, you must prove that your spouse is at fault due to specific reasons like adultery, abuse, or abandonment. This adversarial approach often escalates conflict and can result in a lengthy and costly legal battle.
No-fault divorces are generally quicker and less expensive because they don’t require evidence of wrongdoing. As for fault-based, the emotional strain can be intense, as it involves publicly airing grievances and accusations.
Considerations for Fault-Based Divorce
When contemplating pursuing a fault-based divorce, carefully assess the potential impact on your overall legal strategy and emotional well-being. In a divorce proceeding, the burden of proof is required to establish fault grounds. You’ll need to gather evidence and present it in court to prove the wrongdoing of your spouse, which can prolong the process and increase legal fees.
The potential impact on co-parenting and future interactions with your spouse also has to be weighed. Accusing your spouse of fault may escalate tensions and make it harder to reach an amicable agreement, especially if children are involved. With this, you must first evaluate whether pursuing a fault-based divorce aligns with your long-term goals and priorities.
Bear in mind the emotional toll of blaming your spouse for the marriage’s breakdown. It can lead to heightened animosity and resentment, impacting your emotional well-being during and after the divorce. Before proceeding with a fault-based divorce, carefully think about these factors to make an informed decision that serves your best interests.
Conclusion
A fault-based divorce requires proving wrongdoing by one spouse, such as adultery or abuse, to legally end the marriage. This can impact the divorce proceedings and may result in a longer, more contentious process. You have to weigh the benefits and drawbacks of pursuing a fault-based divorce compared to a no-fault divorce before making a decision.