What is a fault divorce?

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There are many reasons for a divorce, and it may be the last choice made by many. In some cases, it can be a decision that is hard for both parties to agree on. They have tried all that they can but they cannot seem to make the marriage work. For this reason it is called a no fault divorce in the courtroom. For other divorces where one or both of the parties have done something to cause the need for divorce, it is referred to as a fault divorce.

A fault divorce may be granted when the proper grounds are there and at least one spouse asks that the divorce be granted on the grounds of fault. Not all states allow fault divorces. There are traditional reasons for fault divorces. Some of them include the following.

Cruelty to one of the spouses is another cause. This is when one spouse will inflict unnecessary emotional or physical pain on the other spouse. This is the most usual cause for divorce. Adultery is another. This is when one of the spouses has an affair on the other spouse. This is another very popular reason why people end up getting divorced with a fault decision.

Desertion can also be determined as a fault divorce. This is when one party leaves the other for a certain length of time. This usually means that one spouse moves out of the home and lives independently or with another person. They will leave the other spouse to live on their own and not want to be with that person anymore.

If a person is confined to prison for a certain number of years, this can mean grounds for divorce by the spouse that is free. They can determine that they want to end the marriage and start the necessary divorce proceedings. Another reason may be if one party has an inability to engage in sexual intercourse, as long as it was not disclosed before the marriage took place.

The reason to choose a fault divorce is because some people do not want to wait. They do not want to have a separation required by their state’s law for fault divorce. In some states, a spouse who proves the other person is at fault, this may end up getting them a greater share of the marital property or more alimony. This is why the fault divorce is so popular these days.

Divorce Rights - Can one spouse prevent a divorce from happening?

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If one person does not want to get a divorce, but one party in the relationship does and it is a no fault divorce, then the spouse cannot stop the divorce. This is called an irreconcilable difference and is a justification for divorce.

A spouse can prevent a fault divorce by convincing the court that he or she is not at fault. This is something that they would have to prove and it is up to the judge to decide. There are other additional ways to defend a divorce from happening may also be a choice for some situations.

If a person who condones that a spouse is having an affair files for a divorce, the spouse may contest the fault divorce by arguing that the spouse knew of the affair and condoned the action. This is one way for a person to defend himself or herself in court.

Connivance is the setting up of a situation so that the other person commits something to jeopardize the marriage. One type of situation to explain is if a women sets up her husband in situation where he is alone with his mistress. This is known as a set up and it is an argument that one can make in court to defend their actions.

Provocation is the inciting of a spouse to do a certain act. If a spouse is suing for divorce and claims that the other spouse abandoned them, the other spouse might defend their suit because they were provoked by the abandonment. Collusion is if a couple lives in a state where no fault divorce requires that the couple separate for a time and the couple doe not want to prolong the situation. This may lead the couple to mislead the court and pretend that one of them was at fault just to get out of the marriage.

These above defenses are not usually used for a few different reasons. Proving a defense may require witnesses and involve a lot of time and expense. Your efforts will usually bring nothing to the situation. Chances are that a court will eventually grant the divorce. A person should not have to stay married if they do not wish too. The law is designed to give people the opportunity to get out of the marriage if that is what he or she really wants to do. If you are involved in a marriage that you don’t want to be in any longer, the process can be hard to get through, but you can make a divorce really happen, and put an end to the marriage.