The Advantages of a Fault-Based Divorce

A spouse can file an at-fault divorce petition only in states that follow the at-fault divorce rule. States that follow the no-fault divorce rule may allow you to file for fault, depending on the state and its particular rules.

Here are the potential advantages of a fault based divorce:

No Waiting Period

In some states, if a spouse wants a no-fault divorce, he/she is required to live separately from the other spouse for a specified period (not all states require this, however) before filing the divorce petition. Some spouses may like to move on in life, and the “cooling off” period mandated by no-fault divorce rules can frustrate the petitioning spouse or emotionally harm the children because they are living in a marriage that is about to be broken.

One of the benefits of a fault divorce, there is no such waiting period in an at-fault divorce.

Getting Justice

An at-fault divorce gives the spouse wronged in a marriage a chance to get justice by highlighting the other spouse’s misdeeds and proving the allegations in court. If the evidence suggests strongly that the other spouse was adulterous or abusive, or has committed grievous marital wrongdoing, the courts can award suitable punishment/penalties to him/her. The petitioning spouse may also receive a feeling that justice has been done.

Advantages Linked to Property Division, Alimony, and Custodial Rights

If the petitioning spouse proves that the other spouse committed a serious marital offense, was unfaithful, lied, or cheated, the courts may make decisions in the petitioning spouse’s favor while deciding on alimony, child support, property division, and other custodial matters. For example, when one spouse wastes the family’s money on gambling, adultery, or any such frivolous activity, the courts can penalize him/her by awarding a higher alimony amount or, possibly, a larger share in the marital property to the petitioning spouse.

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Mr. Clay Randle is an excellent lawyer. He responded quickly and was able to get my daughter's divorce competed in a short period of time. I highly recommend him and his law firm. Thank you

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Daniel and Carren were amazing throughout my entire time with them. It was such a relief having Daniel as my attorney, he was thorough, explained everything so I understood it, he worked hard with me and spoke with me in a regular basis to keep me in the loop with everything happening in my case. He fought for me. It meant the world to my boys and I and we can continue our lives and move forward. Thank you Daniel. Carren was so amazing to send me follow up, keep me up to date on anything that changed with my case. Any time there were changes she was so on top of it! I’m so glad I could count on these guys, truly. Thank you guys from the bottom of my heart.

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I can’t say enough good things about Brown Family Law. Attorney Clay Randle truly went above and beyond for me and my child. From the beginning, he was supportive, patient, and fought hard for the best possible outcome.
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The Advantages of a Fault-Based Divorce

Here are the potential advantages of a fault based divorce:

No Waiting Period

Getting Justice

Advantages Linked to Property Division, Alimony, and Custodial Rights

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