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What is a fault divorce?

Though there are many reasons for a divorce, it may be the last choice made by numerous people. In some cases, it can be a choice that is very difficult for both parties to come to agreement about. They have tried all that they find possible but they cannot seem to make the marriage work. For this reason it is described as 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 can 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 one valid reason for divorce. This is when one spouse inflicts 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 usual reason why people end up getting divorced with a fault decision.

Desertion can also be determined as a fault divorce. Desertion is described as one party leaving the other for a certain length of time. This usually means that one spouse moves out of the couple's joint housing 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.

Lastly, if a person is confined to a prison for a certain number of years, this can be grounds for divorce by the spouse that is free. They can decide that they want to end the marriage all together and start the necessary divorce proceedings. Another reason can be if one party has an inability to engage in sexual intercourse. It's important to know that this reason only counts as a "fault" divorce as long as it was not disclosed before the marriage took place.

The main reason people choose a fault divorce is because some they do not want to wait. They do not want to have a separation required by their state's law for fault divorce. Fault divorce is extremely usual these days because if a spouse proves that the other party is at fault, they can receive a greater amount of property or alimony.


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