3 Reasons A Judge Would Grant A Fault Divorce

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3 Reasons A Judge Would Grant A Fault Divorce

28 August 2015
 Categories: Law, Blog

If you are filing for a divorce, chances are that you are filing a no-fault divorce. This means that one person in particular did not cause the end of the marriage. Instead, both spouses for their own reasons decided that they no longer wanted to be married to each other. However, in some cases you may have grounds to a fault divorce, meaning that one spouse did something that caused that made the marriage unsalvageable. Here are three reasons you could ask for a fault divorce.

1. Infidelity

One of the most common reasons that people ask for a fault divorce is that one spouse was unfaithful. If your spouse has had an affair, especially if they have had multiple affairs and they are showing a habit of cheating, you might be able to have ground for a fault divorce.

If you are going to ask for a fault divorce based on infidelity, you will have to have proof. Your spouse will probably deny it, since it could hurt them legally if they were found guilty. This is why you need to have some sort of documentation through phone records, emails, texts messages, videos and so forth. Otherwise, the affairs will only been seen as circumstantial.

2. Incarceration

If your spouse has been charged with a crime that will cause them to be in prison for a long time, you may be able to ask for a divorce simply because they cannot be a present spouse if they are in jail. In many cases, the spouse cannot even contest it. They have no right, since their being away from the marriage is beyond their control. If your spouse has been incarcerated, this is something you should consider, especially if their incarceration is for a long time.

3. Abuse

If there has been a history of abuse in the home, then there is a good chance that you could be granted a fault divorce. No court is going to expect you to stay in a marriage that is dangerous to you and/or your children. In fact, they would probably encourage you to protect yourself and remove yourself, and your children, from the situation.

If you are planning on proving abuse, you need to have proof. Call the police after a dispute, go to the doctor the next day, take a picture, or do anything else that you can to prove that abuse actually happened. And be sure to hire a professional lawyer, like those at the Law Offices of Gordon Liebmann, to help you through the divorce process.

These are three reasons that a judge would grant a fault divorce.