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Questions about Fault Based Divorce Laws

What is a fault based divorce?

A fault based divorce occurs when one party is blamed by the other and viewed as causing the divorce. Traditionally, couples were not just able to divorce whenever they wanted to. One party to the marriage should have done something that forces the other to end the marital union. Today however, all states recognize no fault grounds for divorce and many are doing away with the concept of a "fault based divorce" entirely. When fault still exists, it requires the spouse alleging fault to prove his or her assertions. If you are facing a divorce and do not know if a fault based divorce or and no-fault divorce is best for you, ask a Family Lawyer on JustAnswer to assess your circumstances and provide quick and knowledgeable answers to your legal questions.

If a spouse has filed under a “forever broken marriage” and has been unfaithful, will the other spouse have to pay alimony?

The simple answer the question above would normally be yes. The reason for that would be -- since it is believed to be a “no-fault” divorce, and that both parties agree to split the responsibility for the marriage failure. If a spouse files for adultery and can prove it, then it becomes a “fault” based divorce and then they can request that the court either remove the other spouse’s rights to alimony or restrict it. It would be important to understand that if a no fault divorce is already file and that if a spouse were to re-file for a “fault” based divorce, it would be costlier, take longer for the court to rule on and would not always be guaranteed to result in the favor of the spouse alleging fault. However, if the “fault” can be proved, it could possibly result in not paying alimony later on.

In the state of South Carolina can a person get a divorce because of physical abuse, even if there were sexual relations, but they were not living together?

In most situations, in the state of South Carolina, you can file for a fault based divorce because of physical abuse, or even the worry that you may be physically abused. It will not matter if you have had sexual relations since or before the filing. Living together is simply that — living together. Reconciliation between separated spouses is common. It is also common for separated spouses to revert to their old patterns and engage in sexual relations. In the case of a no-fault divorce, the separation must be at least one year and the spouses should not be living together nor having sexual relations.

In the state of Oklahoma what are the reasons for a fault-based divorce?

Below are some of the reasons for a fault-based divorce from the Oklahoma Statutes - Title 43- Sections: 101
Abandonment for one year
• Adultery
• Impotency
• During the marriage the wife is pregnant by someone other than her husband
• Extreme unkindness
• Fake contract
• Regular drunkenness
• Neglect of responsibility
• If the spouse is in prison or federal penal institution
• Insanity for extended periods of time

If you need more information about the laws for fault based divorce in the state you live in, you can ask a Family Lawyer on JustAnswer for Expert legal insights.

In the state of New Hampshire, how does someone go about a fault-based divorce based on adultery?

In the instance of a fault-based divorce, if you are the “innocent” spouse, you must first promise that you are free from the blame on the ending of the marriage, have survived the ‘fault’ but have not forgiven the behavior. The “guilty” spouse should not be able to overcome the ‘fault’ reasoning against the other party and the ‘fault’ should be proved conclusively in court. You, as the innocent party, must also vow to not have tried to inflict harm upon yourself — psychological, physical or financial.

To bring the divorce to court and prove the fault can be a very difficult, slow and a costly process. Because of this, a no-fault divorce is more common. In the state of New Hampshire, the most common reason for a fault based divorce is adultery. The party stating that the divorce is based on adultery will need to prove that their spouse is having an affair. Proof will be needed to prove that the other spouse in unfaithful. This could consist of a testimony by a witness, testimony by a private investigator, written communication such as email, text message, or video from the private investigator.

There are mainly two types of divorces — fault based divorce and no-fault divorce — but there are many reasons to file for a divorce. According to the Uniform Marriage and Divorce Act, the many reasons for divorce can all fall into one category: that the marriage is irretrievably broken. This act was put in place in 1970, and many states have adapted to this act. However, the implementation of the act, the specific legal recourses and provisions vary from state to state. If you have a state-specific question regarding fault based divorce or would like an Expert evaluation of your circumstances, you can ask Family Lawyers on JustAnswer for the legal insights.
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