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Is Fault-Based Divorce The Right Option?

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For many people who want to divorce their spouse, it seems natural to want to pursue a divorce based on the other spouse being at fault. On the surface, it sounds like this could allow you to gain more than the other party. Perhaps you look forward to getting spousal support or custody of the children by pursuing a fault-based divorce.

Of course, this is not always the case. Do you want to know if you should consider a fault-based divorce? Here's what you need to know first.

At-Fault Divorce May Require More Evidence

One of the first things you need to know about filing for a fault-based divorce is that you need to provide evidence for every claim you make. This means that if you accuse your spouse of adultery, you need to bring forth all the evidence that your spouse was cheating in the marriage. This can open up a can of worms and lead to a contentious court case.

On the other hand, you do not need to require evidence if you do not claim either party was at fault. You can complete the divorce hearing quickly.

At-Fault Divorce May Be More Expensive

If you choose to file an at-fault divorce, the increase in required evidence will cause the proceedings to last longer. As a result, you may spend more money to keep the case going. In many cases, this simply is not necessary.

At-Fault Divorce May Feel Good in the Moment

One of the reasons why people choose at-fault divorce is because they want to hold their spouse accountable for their actions. In the moment, it can feel good to reveal all the information you have. On the other hand, it is important that you consider how important it is to get this feeling of vindication.

At-Fault Divorce Does Not Offer Any Guarantee

Finally, remember that filing for an at-fault divorce does not guarantee you will walk away with everything you asked for. For example, the judge is not going to punish your spouse for an extramarital affair by not allowing them to see their children. Your attorney can provide more insight into the realistic expectations you should have for your case.

Talk to a Divorce Lawyer First

A divorce lawyer can help you work through different scenarios before you arrive at a final decision. Another opinion can be a great option to help you through your divorce. Consult with a divorce lawyer in your area before you decide to file an at-fault divorce.


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