What is a fault divorce?

A fault divorce is a type of divorce that is based on the blame or fault of one of the spouses. In South Carolina, one spouse may request a fault divorce by filing the appropriate paperwork with the court. In order for a court to grant a fault divorce, it must be proven that one spouse is at fault for the breakdown of the marriage. This fault can be based on any one of several factors, including adultery, abandonment, physical abuse, alcohol or drug addiction, or desertion. In a fault divorce, the courts assign blame to the guilty spouse and may award alimony or other financial compensation to the innocent spouse. South Carolina courts also consider the best interests of any minor children when deciding who should receive custody or visitation rights. In addition, the court may order one spouse to pay child support or make other arrangements for the children. Fault divorces can be very difficult for the parties involved, as the innocent spouse must prove that the other spouse is responsible for the end of the marriage. Additionally, fault divorces can be lengthy and costly as the process requires both sides to present evidence and testimonies to support their claims. Because of this, many couples choose to pursue a no-fault divorce, or a divorce where neither person is assigned blame and the spouses can move on amicably.

Related FAQs

How is a divorce settlement divided?
When can I get a divorce?
What is a divorce agreement?
How is the division of debt determined?
Can a divorce be overturned?
What is marital misconduct?
What is a no-fault divorce?
What are the grounds for divorce?
What is a separation agreement?
What is a collaborative divorce process?

What is a fault divorce?

Related FAQs

Related Blog Posts