What is a fault divorce?

Although less common and more protracted than no-fault divorces, fault divorces in some states allow the jilted spouse to obtain a more favorable divorce settlement in terms of spousal and child support, division of assets, and custody. If your state gives an advantage in fault divorces, it may be wise to use this option; however, if there is no economic advantage, fault divorces are unnecessary, and only serve to anger your spouse and make divorce settlements more difficult to agree upon.

The most common grounds for fault divorce include: adultery (proving that your spouse had sexual relations with someone else); cruelty (proving that living with your spouse is physically or emotionally dangerous); abandonment (proving your spouse abandoned you for a period of time - usually a year - for reasons related to the marriage); a criminal conviction (some states allow divorce if your spouse has been convicted of a serious crime or is imprisoned for a long period of time); mental illness (proving your spouse suffers from a serious and lengthy mental illness); alcohol or drug abuse; failure to support; and impotency.