What is a fault divorce?

A fault divorce is a type of divorce that holds one spouse culpable for the breakdown of the marriage. In Maryland, fault forms of divorce are based on grounds such as adultery, desertion, cruel treatment, and excessive use of drugs and alcohol. To establish a fault-based divorce, one party must provide proof that the other spouse is responsible for the end of the marriage. This proof may come in the form of testimony from witnesses, documents, and other evidence. In addition to fault-based divorces in Maryland, there are also no-fault grounds for divorce. In a no-fault divorce, neither spouse is held accountable for the end of the marriage. The most common type of no-fault divorce is known as “irretrievable breakdown” or “mutual consent”. With this form of divorce, both parties agree to the terms of the divorce and sign a settlement agreement. If a fault-based divorce is sought, the process can become more complicated and lengthy, as one spouse must prove the actions of the other. The court may take into consideration any fault by either party in determining the division of the marital property. Ultimately, fault-based divorces are considered more difficult and can be a more emotionally trying process when compared to a no-fault divorce.

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What is a fault divorce?

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