The Role of Fault in Divorce

Posted on March 29, 2021

woman holding her ring for divorceWhen a divorce is entered by a court, ground or reason for the divorce must be found. In most divorces, the ground of irreconcilable differences is the basis for divorce. In some cases, a party may request a divorce on the basis of some fault of the other spouse. When fault is alleged in a divorce, it may give rise to certain arguments related to property division and support. For assistance with a fault divorce, contact a family law lawyer Greensboro. 

What fault grounds may be alleged in a divorce? 

Some fault grounds that may be raised in a divorce include: 

  • Adultery
  • Cruelty – which may include infliction of physical or emotional pain
  • Desertion
  • Confinement in prison for an extended number of years
  • Failure to disclose an inability to engage in sexual intercourse

What are the reasons why you should allege fault in a divorce?

Fault in a divorce may result in the court deviating from how it typically divides property and debts between spouses. If the court finds that there was fault by a party, then it may award an unequal division of property and debts in favor of the victim. 

In addition, the court may consider fault in determining whether to award alimony or spousal support. Fault could justify alimony in a case that may otherwise not give rise to a claim for support. 

How can an attorney help with a fault divorce? 

If you allege fault in a divorce, then you have the burden of proving it to the court. This can be difficult if you lack experience with the law. A Divorce lawyer Greensboro can represent you and present evidence on your behalf to establish fault. A Divorce attorney Greensboro NC will advocate for you to receive a fair and just result. If you are considering divorce, contact the Law Office of Mercedes O. Chut