Restoring Fault-Based Divorce Grounds –
Over time, U.S. divorce rules have evolved to simplify the procedure and reduce controversy. Some legislators, however, are advocating a return to fault-based divorce, in which one partner must show the other is accountable for the marriage’s failure. Couples trying to separate could find major ramifications from this change.
Hayat Family Law guides clients toward a seamless divorce and helps them to grasp their rights. The benefits and drawbacks of reintroducing fault-based divorce as well as what it could entail for those contemplating separation will be discussed in this article.
What is a fault-based divorce?
One spouse in a fault-based divorce must show proof that the other engaged some kind of marital misbehavior, such:
Desertion or abandonment; adultery; abuse or brutality; substance abuse
Proving fault was the sole way to get a divorce prior to no-fault divorce rules’ adoption. Today, no-fault divorce—which lets spouses split without assigning blame—is legal in all fifty states.
Benefits of Resuming Fault-Based Divorce
1. Shields spouses who have been wronged
Advocates of fault-based divorce contend that it provides legal advantage for injured spouses so they may pursue better alimony or settlements when their partner bears responsibility for the breakdown of their marriage.
2. Says no to quick divorces
Some say that no-fault divorce makes separation too simple, which results in more broken homes. Demand of proof of misbehavior could inspire couples to put more effort on conflict resolution before calling it quits on their marriage.
3. Might provide more just results
Divorce based on faults might let couples who were really harmed—such as victims of violence or infidelity—get more financial compensation or preferred custody.
Reinstating Fault-Based Divorce: Cons
1. Longish and costly divorce cases
Often involving court battles, witnesses, and large legal bills, fault-based divorces Divorce is more expensive and taxing as proving misconduct can be challenging and time-consuming.
2. Growing Marriage Conflict
Particularly when children are involved, fault-based divorces emphasize blame and antagonism rather than letting spouses separate amicably—which can be emotionally taxing.
3. Makes Abuse Victim Leaving More Difficult
Requiring proof of fault could trap people in risky relationships, particularly victims of domestic violence who might find it difficult to compile evidence or worry about their partner’s reaction.
This Means for You
Should fault-based divorce rules be resurrected, divorcing could get more difficult. At Hayat Family Law, we think everyone should be entitled to leave an unhappy or unhealthy marriage free from needless legal barriers.
Contact our staff right now if you need legal advice or have queries regarding divorce rules. We are here to help you through the entire procedure.
