What defenses can be used for a fault divorce? | The Law Offices of Dorie A. Rogers, APC
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What defenses can be used for a fault divorce?

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It is not easy for a couple to come to terms with the fact that their marriage just isn't working out. Depending on the reason for the couple feeling this way, some may fight to make things work while others will decide to move forward and file for divorce. Should they decide to file for divorce, they may be asked to state the reason for the divorce. This is something that their spouse may not agree with, which may lead to them disputing the reasoning for the filing.

The following are defenses that can be used to dispute a fault divorce:

  • Recrimination: filing spouse is equally guilty of misconduct.
  • Provocation: one spouse's behavior led to the other behaving a certain way.
  • Collusion: both spouses were dishonest about why they are divorcing.
  • Connivance: both spouses participated in the incident of infidelity.

Currently, many states do not require that couples provide a reason for the divorce. As a result, a couple wanting to end their marriage can say it is a no fault divorce. However, just because it is not required, doesn't mean that a couple won't provide a reason for the divorce. This is something some couples may do, especially if fault is something the courts will consider when awarding child custody and alimony.

Whether a couple has filed a fault or no-fault divorce, they will still have to go through the process that most divorcing couples go through. This means that the divorce may take some time to be finalized since there are things that need to be reviewed and certain matters to be discussed. It would be wise for anyone who is divorcing to hire a knowledgeable attorney to assist during the process and steer them in the right direction so the divorce can be granted sooner rather than later.

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