Define: Fault Divorce

Fault divorce is a legal process through which a spouse seeks to end a marriage by proving that the other spouse is responsible for the breakdown of the marital relationship due to specific grounds recognised by law. Unlike no-fault divorce, where the spouses can seek divorce without assigning blame to either party, fault divorce requires the petitioner to demonstrate that the other spouse’s misconduct or actions have led to the irretrievable breakdown of the marriage. Grounds for fault divorce may vary by jurisdiction but commonly include adultery, cruelty, abandonment, substance abuse, or imprisonment. In fault divorce proceedings, the petitioner must present evidence to support their allegations, and if proven, the court may grant the divorce and potentially consider fault when determining issues such as property division, alimony, and child custody. Fault divorce can be more contentious and complex than no-fault divorce and may involve higher legal costs and emotional stress for both parties.

A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The “innocent” spouse was then granted the divorce from the “guilty” spouse. Today, 35 US states still allow a spouse to allege fault in obtaining a divorce. The traditional fault grounds for divorce are adultery, cruelty, desertion, confinement in prison, physical incapacity and incurable insanity. These grounds are also generally referred to as marital misconduct.

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This glossary post was last updated: 29th March 2024.