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Find At-Fault Divorce Lawyer

Find At-Fault Divorce Lawyer

At-Fault Divorce

At-fault divorce is a legal dissolution of a marriage for some cause, known as a marital offense. This alternative to no-fault divorce can grant increased benefits to the prevailing spouse but also requires significant evidence to demonstrate the fault of the offending spouse.


Hoover Krepelka, LLP

63 years in practice
Alimony, At-Fault Divorce, Child Custody, Child Support, Contested Divorce
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Smith Family Law, APC

18 years in practice
Alimony, At-Fault Divorce, Child Custody, Child Support, Contested Divorce
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Smith Family Law, APC

18 years in practice
Alimony, At-Fault Divorce, Child Custody, Child Support, Contested Divorce
View Profile

Hoover Krepelka, LLP

63 years in practice
Alimony, At-Fault Divorce, Child Custody, Child Support, Contested Divorce
View Profile

Punishments For Marital Offenses

In order to understand at-fault divorce it is important to understand two key factors: grounds for at-fault divorce and defense to at-fault divorce.

Grounds For At-Fault Divorce

There are a number of reasons that can justify dissolving a marriage. These reasons are usually called marital offenses. Some common marital offenses include:
- Adultery
- Abandonment for a certain length of time
- Prison confinement
There are also more complex reasons for at-fault divorce such as the physical or emotional abuse of the spouse, known as cruelty, and the physical inability to have sexual coitus if the spouse hid their condition.

Defenses to Marital Offense Accusations

There are a number of defenses that can be brought against claims of an at-fault divorce. The most common counterclaims to defend against marital offense accusations are connivance, condonation, recrimination, and provocation.

Connivation is a defense brought against adultery allegations that claims that the accuser either agreed to, participated in, or created the opportunity for the adultery; condonation claims that the other spouse knew about the transgressive behavior, forgave it, and resumed the marriage; recrimination alleges that the other spouse engaged in the same behavior; and provocation argues that the offensive behavior, such as abandonment, was caused by the other spouse’s actions, such as being physically abusive.

Fighting to Protect Your Interests

In order to ensure that your interests are protected during an at-fault divorce, you will need the help of an experienced family law attorney. An experienced family law attorney will be able to use their experience, legal skills, and shrewd negotiating abilities to decisively argue your case before judges and mediators in order to expedite the divorce process and deliver the results you want.

IIn order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today to be matched with skilled and experienced attorneys in your area who practice Family law.

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At-Fault Divorce Frequently Asked Questions

1. What is an at-fault divorce and how does it differ from a no-fault divorce?

An at-fault divorce, as the name implies, is a legal separation process that dissolves a marriage due to marital offenses. The compensation for at-fault divorces are greater than no-fault divorces and they also do not require the couple to live separately before filing. 

2. What are the common grounds for filing an at-fault divorce?

The most common grounds for filing an at-fault divorce are cruelty, adultery, or abandonment. Cruelty is defined as physical or emotional abuse. Additionally, some at-fault divorce grounds include imprisonment and/or the physical inability to have physical intercourse if it was hidden from the other spouse. 

3. What evidence is typically required to support an at-fault divorce claim?

The evidence required for an at-fault divorce varies depending on the nature of the at-fault accusations. While the accusations do not need to be proven beyond a reasonable doubt like in a criminal trial, in general the accusations must be shown that they are more likely than not to be true.

4. How does the process of an at-fault divorce differ from a no-fault divorce in terms of legal proceedings and outcomes?

Unlike in a no-fault divorce, there will be time set aside to determine whether the charges of marital offenses are true or not. These charges must be considered before proceeding with the rest of the divorce as the decision whether or not the offenses are valid will impact further decisions such as custody of children, alimony, and division of property.

5. What are the potential consequences or advantages of pursuing an at-fault divorce compared to a no-fault divorce?

The consequences of an at-fault divorce are most commonly embarrassment and financial losses for the one found to be at fault. The advantage for the person who files an at-fault divorce is that they may be able to acquire additional marital property and alimony rights.

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