In dissolution of marriage proceedings, fault refers to assigning blame to one party for the breakdown of the marital relationship. Some jurisdictions consider specific actions, such as adultery, abandonment, or cruelty, as grounds for divorce. These “fault” grounds can influence the outcome of the divorce, potentially affecting property division, alimony awards, and child custody arrangements. In contrast, a “no-fault” divorce allows for dissolution of marriage without proving misconduct; the marriage is considered irretrievably broken. The availability and impact of fault grounds vary significantly across different states.
The inclusion of fault grounds in divorce law offers a pathway for individuals to seek redress when a spouse’s actions have significantly damaged the marriage. Historically, demonstrating fault was often the only means to obtain a divorce. While no-fault options have become more prevalent, the option to cite fault provides a legal avenue to address particularly egregious behavior and may affect the financial and custodial outcomes of the case. It also allows for a more comprehensive presentation of the circumstances leading to the divorce.
