What is a fault divorce?

A fault divorce is a type of divorce that is granted in the event that one spouse is found to be at fault for the breakdown of the marriage. In North Carolina, a fault divorce is granted if the spouse can prove that the other spouse is at fault. The type of fault that can be used as grounds for a fault divorce in North Carolina includes adultery, cruel or barbarous treatment, abandonment for a certain period of time, addiction to drugs or alcohol, a criminal conviction, or physical or mental incapacity. In order for a spouse to be granted a fault divorce, it must be proven that the other spouse is actually at fault. If the court finds that the other spouse is at fault, the fault divorce proceedings will proceed. The spouse bringing the fault divorce suit must provide evidence of the other spouse’s fault. This can include testimony from witnesses, medical records, financial records, or other types of evidence that the court finds necessary. If the court finds that the fault is true, the divorce will be granted and any decisions on alimony, child custody, and division of property will be made according to the North Carolina divorce laws. When filing for a fault divorce, it is important to remember that the process for getting one takes much longer than it does with a no-fault divorce. This is because the court must first determine that the other spouse is actually at fault and then the process of dividing up assets and determining child custody can begin. For this reason, it is important to consult with an attorney if you are considering a fault divorce in North Carolina.

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