Legal Definitions - fault divorce

Fault divorce

Fault divorce is when one spouse proves that the other spouse did something that caused the marriage to fail. Each state has different reasons for fault divorce, but some common ones are adultery, cruelty, being in prison, physical inability to have sex, and incurable insanity. Although all states allow no-fault divorce, about two-thirds of them still allow couples to get a divorce based on fault grounds. In some states, fault can also affect how property is divided, how much alimony is awarded, and who gets custody of the children.

Example 1: John and Jane have been married for 10 years. John has been cheating on Jane for the past year, and Jane has proof of his infidelity. Jane can file for a fault divorce based on adultery.

Example 2: Sarah and Tom have been married for 5 years. Tom has been physically abusive towards Sarah, and she has documented evidence of his abuse. Sarah can file for a fault divorce based on cruelty.

These examples illustrate how one spouse can prove that the other spouse did something that caused the marriage to fail. In both cases, the spouses have evidence to support their claims, which can be used in court to obtain a fault divorce.