Declaring Fault in a Divorce | Pros & Cons - Bineham & Gillen

divorceDeclaring Fault in a Divorce Pros and Cons

July 17, 2020by James Gillen

Going through a divorce is stressful enough, and claiming fault can be scary. That’s why it’s important for you to understand what your benefits and drawbacks are when declaring fault before making the decision to do so.

In that spirit, let’s break it down.

What is declaring fault? 

When someone declares fault in a divorce, they are admitting to a perceived wrongdoing in their marriage. A fault can be:

  • Adultery
  • Cruelty
  • Abandonment
  • Abuse
  • Felony charge

In every divorce, the party filing for the split must have evidence to prove the other party’s wrongdoing to account for ending the marriage. The proof can be obtained by testimony of the party’s wrong actions from a witness who has first-hand experience of the spouse’s behavior.

If you or someone going through a divorce is in an abusive relationship, declaring fault is the quickest and most efficient way to confirm the split once and for all.

No-fault divorce

Fault Divorce has become less common, and no-fault divorce has been on the rise. No-fault divorce is where a couple only needs to file “irreconcilable differences” to justify ending the union – rather than proof of wrongdoings.

Benefits of a no-fault divorce include being less expensive, quicker and a lot easier to handle than a fault divorce. You spend less time digging and researching your spouse’s bad actions and more time finalizing the split once and for all – so you save all that negative energy.

The focus is completely flipped, making the process less about how much one party did wrong and more about monetary settlements.

On the other hand, the downside to a no-fault divorce is that most are unilateral, meaning that one party can show their reasoning for wanting to end the marriage while the other party feels as though they can save the relationship.

Also, spousal support is not granted, which can be a major issue with couples who have children and are figuring out custody and child support.

Contested divorce

If neither of you can come to a decision or an agreement on the terms of the divorce, it’s called contested divorce. In the end, they ask the judge to make the decision for them.

Whether it be a fault, no-fault or contested divorce, Bineham and Gillen is here to help. Call us today to speak with a professional to walk you through the process and make it as stress-free as possible.