What is a fault divorce?

A fault divorce is a type of divorce in California that is based on one of the spouses being responsible for the breakdown of the marriage. This type of divorce is used when one spouse has done something that is considered a fault, such as adultery, extreme cruelty, imprisonment, cruelty, or desertion. In order to receive a fault divorce, the spouse who wants to end the marriage must prove that the other spouse is legally at fault. This generally requires providing evidence of the wrong-doing, such as witness testimony, emails, photos, or other forms of proof. The spouse who is the cause of the fault divorce is the “guilty” spouse, while the other is considered the “innocent” spouse. A fault divorce is different than a no-fault divorce, in which neither spouse blame the other for the marriage ending. In a no-fault divorce, the grounds for ending the marriage are simply that the two spouses no longer wish to remain married. In California, it is important to understand the differences between fault and no-fault divorces, as the law generally prefers that couples pursue a no-fault divorce where possible. In some cases, however, a fault divorce may be the only option, especially when one spouse has done something wrong.

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