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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