What Constitutes A Fault Divorce


Fault Divorces are still being sought out by many affected spouses when the file their divorce proceedings. As against the No Fault Divorce petitions which does not require the proof of the committing of fault by one of the spouses leading to the petition, Fault Divorces require an element of fault being committed by one of the spouses leading to that element being the reason for the filing of the petition. No all states follow this law though, probably only about 35 states still allows this type of divorce petition to be filed. What then are the reasons which could be construed as an element of fault in Fault Divorces?

Adultery is probably the most common reason for the filing of Fault Divorces today. In this age and time where the moral values of society has degraded, adultery has mushroomed. Where one party in a marriage has committed adultery (having an affair with another person who is not his / her spouse), Fault Divorce may be filed and the innocent spouse is most likely to be able to obtain her terms of divorce, subject to the proof of adultery, of course.

Another cause filed in Fault Divorces is cruelty to spouse or abuse. It goes without saying that the infliction of emotional or physical pain on a spouse or anyone for that matter, is socially unacceptable and this is reflected in the Court’s willingness to give relief to the innocent spouse by way of a divorce.

Though it is less common compared to Adultery or Cruelty, Desertion is also another reason for fault divorces. This usually occurs when one spouse leaves the matrimonial home and spouse for a period of time and lives independently without reference to the other. Marriage is suppose to be the joining of two persons, not one leaving the other.

In some states, confinement in prison of one spouse may give ground to the other spouse to file a petition for divorce. Different states would have different requirements on the number of years of confinement. Meanwhile, the inability to consummate the marriage (unable to engage in sexual intercourse) is also another valid ground for the filing of a Fault Divorce provided the inability to consummate was not disclosed prior to the marriage.

Fault divorces can be speedy (with a mere proof of number of years confinement in prison) or lengthy (as in where evidence is needed to prove adultery). With the latter, the party choosing to end the marriage by filing the divorce papers must be prepared to brace himself or herself to a long litigation process, especially when the “guilty” party stands having to pay compensation at the end of the day.