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Finding the Right Legal Representation for Your Company
What You Need To Know About A Fault Divorce
Tracy Roberts
If you are considering a divorce, you might be wondering if you should file a fault or no-fault divorce. In many cases people opt for a no-fault divorce because it is easier to prove. This says that no one person was responsible for the failure of the marriage. Instead, both parties simply agreed that they didn't want to be married anymore. However, in other cases you can actually claim that one person was the reason for the failure. Here are some things that you need to know about a no fault divorce.
Why File A Fault Divorce?
If a no-fault divorce is easier, it would seem that more people would prefer to just go the easy route. However, with a no-fault divorce things are divided evenly and there is no one person who is given special treatment over the other. However, in a fault divorce, the innocent party may be entitled to some damages. If there was a lot of pain and hurt in the process, it could mean that the person who was hurt could get more money and a more favorable outcome from the divorce. This is why certain relationships benefit from a fault divorce.
What Do You Need To Prove Fault In A Divorce?
In order to prove fault in a marriage, there has to be specific proof of fault. For example, you cannot make it a "he said, she said" battle. There has to be proof that the person did something that the state sees as reason for a fault in a marriage. Here are some of the things that prove fault.
- Infidelity is one of the most common reasons for a fault marriage. If you can prove that your spouse was unfaithful and had an affair, you might be able to prove fault. In some cases, if the spouse was repentant and did everything they could to salvage the marriage, you may have a hard time proving fault.
- Incarceration is another reason for a fault divorce. If your spouse will be in jail for years to come, you cannot be expected to stay married to them. The state may grant you a divorce so you can move on with your life.
- Abuse and abandonment are other valid reasons. If your spouse has abused you or the children, or has abandoned you for a long period of time, you may be able to get a fault divorce granted.
By understanding a fault divorce you can decide if it is right for you. Visit a divorce lawyer like Granowitz, White & Weber Attorneys at Law for more information.
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