What is a fault divorce?

A fault divorce, also known as a contested divorce, is a type of divorce in which one spouse is blaming the other for the breakdown of the marriage. In Alabama, fault divorces are determined through a court process that involves the spouses providing evidence of the other’s fault. The most common fault divorces in Alabama are due to adultery, cruelty, or desertion. In a fault divorce, the court is required to consider fault when deciding the issues of property division, spousal support, child custody, and visitation. In some cases, the court may consider the spouse’s fault when determining spousal support, child support, or other financial matters. It is important to note that in Alabama, a fault divorce does not necessarily mean that the spouse who is physically at fault will be punished. The court will consider all the relevant circumstances when making its decisions. For example, the court may consider the amount of time the couple had together and the amount of support that each spouse provided to the other. In Alabama, a fault divorce is more expensive and takes longer to complete than an uncontested divorce. It is also important to note that, in the event of a fault divorce, the court may determine that one spouse has the primary responsibility for the maintenance of the other spouse. Ultimately, it is important to understand the complexities of fault divorce in Alabama before deciding to pursue one. Consulting with a knowledgeable attorney can help to protect your rights and maximize your chances for a successful outcome.

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