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What is an at Fault Divorce?

Fault divorces are granted on the basis of fault or misconduct by one of the spouses. Here one spouse files for divorce under obligatory fault grounds. Thus there is definitely a ground of fault which means that at least one of them have committed some wrong in the relationship.

Fault divorces are sometimes granted very quickly, when there is sufficient proof of the fault. Unlike in no fault divorces, there is no cooling off period or separation period nor do the couples have to attend counseling and mediation. No fault divorce causes undue delay in being granted divorce. Even processing of a fault divorce is quicker and in most jurisdictions, the petitioner of divorce, i.e. the person who files for divorce gets the larger share of marital property and even a bigger alimony amount. You should discuss your options with a GA divorce lawyer if you are considering a fault divorce.

Sometimes there arises situation wherein both the spouses are at fault. In such a case the spouse whose fault is relatively lesser or smaller gets to dictate allowance of divorce decree. This is known as Comparative Rectitude. The reason that such a guideline came into existence is that previously when both spouses were at fault, no one was given a divorce decree. Thus came into being concepts of relative morality which culminated into the formation of guideline termed as comparative rectitude law.

Common fault grounds that are found in almost all the states include:

• Malice which amounts to causing physical or mental pain and is the most common fault divorce ground.
• Adultery follows malice close behind in being very popular with people filing for fault divorce.
• Desertion is also considered but time period is different in different states. A divorce lawyer would be able to inform you about this.
• Conviction leading to imprisonment for a set period which varies according to state.
• Mental and physical incapacitation leading to confinement.

The divorce petition should list out the grounds under which divorce is requested. Evidence in support of grounds need not be served with the petition but would need to be supplied at a later date. Although all grounds seem to be very simple, you would expert legal assistance to understand them in depth and be able to file a fault divorce petition smoothly and accurately. Moreover an experienced divorce attorney would be able to get you maximum benefits using his excellent representation skills, arguments and negotiation abilities.

Divorce laws are under state jurisdiction and hence fault divorce laws are so too. Thus each state has different divorce laws and grounds for divorce, a local divorce attorney would be the apt person to consult prior to filing of divorce. His familiarity with local courts and procedures can make the task less daunting for his clients as well as give him an edge over the other party in court.