The Advantages of a Fault-Based Divorce

A spouse can file an at-fault divorce petition only in states that follow the at-fault divorce rule. States that follow the no-fault divorce rule may allow you to file for fault, depending on the state and its particular rules.

Here are the potential advantages of a fault based divorce:

No Waiting Period

In some states, if a spouse wants a no-fault divorce, he/she is required to live separately from the other spouse for a specified period (not all states require this, however) before filing the divorce petition. Some spouses may like to move on in life, and the “cooling off” period mandated by no-fault divorce rules can frustrate the petitioning spouse or emotionally harm the children because they are living in a marriage that is about to be broken.

One of the benefits of a fault divorce, there is no such waiting period in an at-fault divorce.

Getting Justice

An at-fault divorce gives the spouse wronged in a marriage a chance to get justice by highlighting the other spouse’s misdeeds and proving the allegations in court. If the evidence suggests strongly that the other spouse was adulterous or abusive, or has committed grievous marital wrongdoing, the courts can award suitable punishment/penalties to him/her. The petitioning spouse may also receive a feeling that justice has been done.

Advantages Linked to Property Division, Alimony, and Custodial Rights

If the petitioning spouse proves that the other spouse committed a serious marital offense, was unfaithful, lied, or cheated, the courts may make decisions in the petitioning spouse’s favor while deciding on alimony, child support, property division, and other custodial matters. For example, when one spouse wastes the family’s money on gambling, adultery, or any such frivolous activity, the courts can penalize him/her by awarding a higher alimony amount or, possibly, a larger share in the marital property to the petitioning spouse.

Excellent

Brown Family Law

4.8

Based on 916 reviews

See all reviews

Chris Porter

You get what you pay for, and the Brown Family team is worth every penny. We truly appreciated their team-based approach, making sure that every detail of our case was thoughtfully handled. They were incredibly easy to work with, kept us informed throughout the process, and made sure no question ever went unanswered. By far the best family attorneys I’ve worked with, and the only ones I’ll call if I ever need legal help again.

Response from the owner:Chris, thank you. Glad we were able to guide you through your process.

Joselyn Cortes

Andrew made the whole process smooth and quick! Kept me updated on any changes, and followed up with me constantly!

Made me feel at ease throughout the whole process and made sure I felt seen/ heard!

Response from the owner:Joselyn, thank you for the kind words.

Suzanne Stevens

David Handy is my attorney and he is excellent. He understands my cases and is well informed to defend my needs and the needs of my kids. He is supportive and compassionate. Telling me how things are and what to expect. He does very well with my high conflict cases (protective order and divorce). I highly recommend him and the Brown Family Law firm. Everyone I have talked to is helpful. Especially Conor Schetzel who is currently the paralegal on my cases.

Response from the owner:Suzanne, thank you and glad David has taken care of you.

Jaren Harmon

Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!

Response from the owner:Jaren, thank you for the referrals.

Meghann Christensen

I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.

Response from the owner:Meghann, so glad Ray and Carren took good care of you.

Monica Cooper

I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.

Response from the owner:Thank you, Monica.

Michael Bringhurst

Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.

Response from the owner:Mike, thank you for the kind words and the referrals.

David Thimm

When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.

Response from the owner:David, thank you for our conversation and taking the time to leave this review.

Steve Baum

My experience with Jennifer and Brown Family Law was nothing short of amazing. From the very beginning of my initial consultation all the through until my case was settled, I was well taken care of and updated every step of the way. I felt like my team genuinely cared about the outcome of my case, which was refreshing. You get what you pay for, and Brown Family was worth every penny. To say I highly recommend this group is an understatement.

Response from the owner:Thank you very much, Steve. Glad Jennifer took good care of you.

Casey Bingham

Andrew Christensen was a great divorce lawyer. He is very experienced, professional, and was great to work with during this difficult process.

Response from the owner:Casey, thank you and so glad Andrew served you well.

More reviews

The Advantages of a Fault-Based Divorce

Here are the potential advantages of a fault based divorce:

No Waiting Period

Getting Justice

Advantages Linked to Property Division, Alimony, and Custodial Rights

Related Posts

Irreconcilable Differences as Grounds for Divorce – Fact Sheet

Is Utah an At-Fault Divorce State?

What are the Tactics Adopted by an At-Fault Divorce Lawyer?

Can I Sue My Ex-Husband for Emotional Distress?

Can I Sue for Divorce?