fault divorce

Fault divorce may be granted when one spouse proves that the other spouse did something which resulted in the failure of the marriage . The fault grounds for divorce vary by each state, but some of the traditional fault grounds for divorce are adultery , cruelty , confinement in prison, physical inability to have sexual intercourse, and incurable insanity .

Today, all states allow no-fault divorce but about two-thirds of the states also still allow couples to obtain a divorce based on fault grounds. In addition to obtaining a divorce, some states also allow courts to consider fault in dividing property, awarding alimony, or awarding custody of the children.

[Last reviewed in June of 2021 by the Wex Definitions Team ]

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