What does a fault divorce mean, and should I pursue it in my situation?
What does a fault divorce mean, and should I pursue it in my situation?
While the provided sources, “Divorce Statistics and Facts | What Affects Divorce Rates in the U.S.?”, “Save The Marriage – You CAN Save Your Marriage, Even If Only YOU Want To!”, and “savethemarriage.pdf”, offer extensive information about divorce statistics, reasons for divorce, and strategies for saving a marriage, they do not explicitly define the term “fault divorce” or discuss the legal implications of pursuing one.
Generally speaking (and this information is not directly from the provided sources, so you should verify it independently), a fault divorce is a type of divorce proceeding where one spouse alleges that the other spouse is responsible for the breakdown of the marriage due to specific misconduct or “fault” grounds. Historically, and still in some jurisdictions, proving fault can be a requirement for divorce or can affect aspects of the divorce settlement, such as property division or alimony. Common grounds for fault might include adultery, abuse, desertion, or felony conviction.
Based on the reasons for divorce mentioned in the sources, we can see some overlap with potential “fault” grounds:
- Infidelity: Infidelity is cited as a reason for divorce by 55% of divorcing couples. This is a classic example of a fault ground in many jurisdictions. The “Save The Marriage” materials also acknowledge affairs as one of the most damaging events for a marriage, indicating its significance in marital breakdown.
- Domestic Violence or Abuse: Domestic violence or abuse is listed as a reason for divorce by 25% of respondents in a national survey. Abuse is widely recognized as a fault ground for divorce.
- Other Reasons: While not always considered “fault” in a legal sense, other reasons like “lack of commitment” (73%), “argue too much” (56%), and issues related to addiction or mental illness could potentially be factors considered in a fault divorce depending on the specific laws of your location.
The “Save The Marriage” materials, however, focus on understanding the underlying issues in a marriage crisis and finding paths to recovery, even if only one spouse is initially willing to work on the relationship. Dr. Lee H. Baucom emphasizes that marriage is a system and that changing one part of the system can impact other parts. His approach involves identifying the stage of crisis, addressing misperceptions, fostering better communication, and encouraging “Right Action” focused on the “WE” of the relationship. The materials suggest that even seemingly irreparable situations can be transformed.
Regarding whether you should pursue a fault divorce in your situation, the provided sources do not offer guidance on this legal decision. This is a complex matter that depends heavily on the specific laws of your state or jurisdiction and the particular circumstances of your marriage. Factors to consider (though not discussed in the sources) might include:
- Legal Requirements: Does your jurisdiction require fault for divorce, or is no-fault divorce an option?
- Impact on Settlement: Will proving fault affect the division of assets, alimony, or child custody arrangements in your case?
- Emotional Toll: Pursuing a fault divorce can sometimes be more adversarial and emotionally taxing.
In conclusion, while the sources provide extensive information about divorce statistics and the reasons behind marital breakdown, they do not define “fault divorce” or advise on whether you should pursue it. If you are considering divorce and believe grounds for a fault divorce may exist in your situation, it is crucial to consult with a qualified attorney in your jurisdiction. They can explain the relevant laws, the potential benefits and drawbacks of pursuing a fault divorce, and help you make informed decisions about your legal options. The information in the provided sources focuses on understanding and potentially resolving marital issues, but legal counsel is necessary for navigating the divorce process itself.
