# The Advantages of a Fault-Based Divorce | Brown Family Law ![Advantages of a Fault Based Divorce](https://www.brownfamilylaw.com/wp-content/uploads/Advantages-of-Fault-Based-Divorce.png) 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: Get Clear Guidance for Your Divorce [Schedule a Consultation](https://www.brownfamilylaw.com/contact-us/) ### 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](https://www.brownfamilylaw.com/faqs/is-it-better-to-divorce-or-stay-unhappily-married/), 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. A Calmer, Clearer Way Through Divorce [Talk to Our Team](https://www.brownfamilylaw.com/contact-us/) ### 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](https://www.brownfamilylaw.com/faqs/leaving-a-home-with-a-violent-spouse-how-to-keep-myself-safe/), the courts can award suitable punishment/penalties to him/her. The petitioning spouse may also receive a feeling that justice has been done. ![Brown Law Logo](https://www.brownfamilylaw.com/wp-content/themes/brown-family-law/assets/app/img/logo-white.png) Support Through Your Toughest Transition [Call ![call-arrow](https://www.brownfamilylaw.com/wp-content/themes/brown-family-law/assets/app/svg/cta-call.svg)801-685-9999](tel:+18016859999) ### 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](https://www.brownfamilylaw.com/faqs/do-utah-courts-favor-women-moms-in-divorce/) while deciding on [alimony](https://www.brownfamilylaw.com/faqs/what-happens-if-there-isnt-enough-money-to-pay-alimony/), child support, [property division](https://www.brownfamilylaw.com/faqs/what-a-woman-should-ask-for-in-a-divorce-settlement/), 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. Divorce Blog Posts: [![About Getting a Divorce In Utah](https://www.brownfamilylaw.com/wp-content/uploads/about-getting-a-divorce-in-utah-300x200.jpg)](https://www.brownfamilylaw.com/blog/about-getting-a-divorce-in-utah/) ### [About Getting a Divorce In Utah](https://www.brownfamilylaw.com/blog/about-getting-a-divorce-in-utah/) Arizona Child Custody: What if We Can’t Agree on a Parenting Plan? When parents separate or divorce in Arizona, one [![5 Tips to Plan for Summer Vacation After Divorce](https://www.brownfamilylaw.com/wp-content/uploads/5-tips-to-plan-for-summer-vacation-after-divorce-300x200.jpg)](https://www.brownfamilylaw.com/blog/5-tips-to-plan-for-summer-vacation-after-divorce/) ### [5 Tips to Plan for Summer Vacation After Divorce](https://www.brownfamilylaw.com/blog/5-tips-to-plan-for-summer-vacation-after-divorce/) Perhaps, last summer, you and your spouse were still together. You may not have been happy, but you were living [![Divorce Should Not Overshadow Kids’ Summer Break](https://www.brownfamilylaw.com/wp-content/uploads/divorce-should-not-overshadow-kids-summer-break-300x200.jpg)](https://www.brownfamilylaw.com/blog/divorce-should-not-overshadow-kids-summer-break/) ### [Divorce Should Not Overshadow Kids’ Summer Break](https://www.brownfamilylaw.com/blog/divorce-should-not-overshadow-kids-summer-break/) Virtually every adult can remember the excitement they felt as children as summer break approached. Breaking free of [![4 Things You Must Do to Help Kids Get Through Divorce](https://www.brownfamilylaw.com/wp-content/uploads/4-things-you-must-do-to-help-kids-get-through-divorce-300x200.jpg)](https://www.brownfamilylaw.com/blog/4-things-you-must-do-to-help-kids-get-through-divorce/) ### [4 Things You Must Do to Help Kids Get Through Divorce](https://www.brownfamilylaw.com/blog/4-things-you-must-do-to-help-kids-get-through-divorce/) For children, watching their parents split up can be emotionally trying and confusing. You and your spouse may know --- Source: https://www.brownfamilylaw.com/blog/the-advantages-of-a-fault-based-divorce/