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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Russell was my Lawyer at Brown Family Law. He helped me through my multiple cases after my divorce. He was very responsive whenever I had questions about my cases or understanding how the law works. Russell was respectful of how he used my retainer and always gave me good sound advice even if it wasn’t what I wanted to hear. I highly recommend his services if you’re looking for a top notch Family lawyer! 5 out of 5 stars ⭐️⭐️⭐️⭐️⭐️

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I recently engaged Andrew to review my divorce decree that was finalized in another state. He gave me excellent advice. I did not feel pressured to proceed one way or another. Instead, he gave me very reasonable scenarios to consider and allowed me to proceed down the path that felt most comfortable to me.

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Clay Randle with Brown Family Law was excellent! I love the way the procedures with this company are organized. The attorney calls every Friday to check in with you so there’s no phone tag. Questions are answered very timely every week. Clay was very prompt in responding to emails. He was also great to “read the room” or the situation rather. Throughout the divorce, where grace was extended and healthy negotiation prevailed, he appeared to navigate the process in a calm and skillful way. I could see how he definitely had the capacity to respond in a more contentious, emotionally charged way if needed. He encouraged healthy boundaries with the splitting of assets and he understood both sides of what could happen if asking for a specific thing in the divorce. During a painful situation, Clay was able to crack some (tasteful) jokes and tried to keep a heavy situation feel a little less heavy. Couples seeking a divorce would be wise to choose Brown Family Law. They will be in great hands.

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I absolutely believe that Brown Family Law is the best divorce attorney law firm in Utah. Attorney Ray Hingson did a fantastic job for me in a complicated divorce. He was there to guide me through the entire process. Ray touched base with me every week AND every time I called with worries or concerns. He handled things confidently and professionally. He took time to meet with me and explain everything so I could understand it. I felt like he really cared and wanted to do his best for me. His paralegal, Carren Leavitt, was also extremely helpful. All I had to do was pick up the phone and call her and she arranged a time for Ray to call me right back. She was always prompt and caring. I couldn't be happier!