Fault Divorce

Definition - What does Fault Divorce mean?

A fault divorce is a type of divorce in which at least one of the spouses must prove wrongdoing by the other spouse for the marriage to be dissolved. Unlike a no-fault divorce, only a few jurisdictions allow fault divorces.

Justipedia explains Fault Divorce

The grounds for a fault-based divorce vary from jurisdiction to jurisdiction; however, the most common grounds include adultery, felony conviction, cruelty, abandonment, substance abuse, desertion, and confinement for an extended period of time. In states where fault divorce is allowed, many prefer it over a no-fault divorce as they generally don’t have to wait out the mandatory period of separation and can be eligible for receiving a larger share of marital property.

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