Many times when a couple divorces, they opt to get a no-fault divorce. This is generally the easier option and allows the couple to divorce without having to prove that there was a reason for it. However, in some cases, it may be better to actually get a fault divorce. In these cases, the victimized party may be able to get different benefits from the settlement or get the divorce granted quicker. Here are a couple reasons why you could get a fault divorce.
If your spouse commits a crime and is incarcerated, you might be able to get a fault divorce. This is because the state doesn't expect you to stay married to someone who is not able to be present or contribute to your family. Usually, if your spouse is only incarcerated for a short amount of time, a divorce may not be necessary, but consider the situation where a spouse is in prison for years. In this case, you could appeal to a divorce court and see if you could get a divorce granted. You may not even need to have your spouse agree. The court may just grant you the divorce regardless of your spouse's decision.
As part of marriage, there is an expectation that both spouses will be faithful to each other. If you are seeking out a divorce and your spouse was unfaithful, you might be able to get more out of the settlement. With infidelity, it is obvious that one party was not faithful in the marriage and caused emotional pain to the spouse.
In many no fault divorces the assets are split 50/50 but if you can prove infidelity you might be able to get more than just 50% of the estate or at least more in alimony.
In some unfortunate situations, there is abuse in the home. This can be either on the part of the husband or the wife. The abuse can be towards the spouse, or towards the children. If there is abuse, you will need to have concrete proof, so make sure you call the police when an incident occurs, or go to the hospital to get the injuries recorded. This applies to sexual abuse as well a physical abuse.
In addition to being granted a fault divorce, the state may also press charges against your spouse.
These are just situations where you might be able to get a fault divorce granted.
For a divorce attorney, contact a lawyer such as Harold Jarnicki Attorney At Law.