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Want a fault divorce? Here's what you need to know

You and your spouse always got along well, and you both had recently gotten back from a fantastic vacation together. In your mind, everything was still the fairytale you knew from the moment you started dating.

That's why it was such a shock when your spouse suddenly approached you with divorce papers. You know there has to be more to this situation than meets the eye, and after looking into it, you believe that they've been seeing someone else.

In this case, you have two options. You can pursue a fault divorce or no-fault divorce. A no-fault divorce allows you to divorce based on the irreparable breakdown of marriage. A fault divorce allows you to get a divorce based on a fault such as:

  • The inability to have sexual intercourse
  • Prison confinement
  • Adultery
  • Abandonment
  • Cruelty

Whether or not you choose one of these faults does not matter, because the divorce will happen regardless of the fault you choose. If you do choose a fault, you can try to use the other person's mistake to your advantage. However, you will need to prove that the fault occurred. There are defenses to fault divorces, too, which can make them hard to obtain in court.

What should you do if you want to prove a fault?

You can do a few things. For one, you may be able to use text messages, emails or photographs to back up your claims. You may also get your spouse to admit to the fault. Your attorney can talk to you more about what you need to do to show that the fault did occur.

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