At-Fault vs. No-Fault Divorce

Older Americans may remember a time when most states required one or both parties to be at fault for a marriage to end in divorce. Laws have changed since then, though, and 49 US states no longer require a proof of fault for divorce. If you are going through a divorce and would like the help and advice of a lawyer, contact the West Palm Beach divorce attorneys of Eric N. Klein & Associates, P.A. by calling 561-353-2800 today.

What Is Fault?

“Fault” is a term describing grounds for divorce, meaning a reason the divorce is being sought. It’s become a largely outdated term today, as every US state except New York no longer requires proof that a party is at fault for divorce.

There are several different actions or behaviors that can be considered fault, but some of the most common included adultery/alienation of affections, abandonment, and abuse and cruelty. If you attempt to prove that your spouse is at fault in divorce proceedings, the divorce will be considered a contested one, and it will have to go to trial, which can be expensive and drawn-out.

However, because most divorces today are granted anyway, there is usually no reason to try to prove your spouse is at-fault, although only a divorce lawyer who takes a careful look at your case can know for certain what is best for you.

Contact Us

If you or someone you love is considering getting a divorce, contact the West Palm Beach divorce lawyers of Eric N. Klein & Associates, P.A. by calling 561-353-2800.