What is a fault divorce?

A fault divorce is a type of divorce in which one partner or spouse is held responsible for the breakdown of the marriage. In Washington, a fault divorce is when one of the spouses can prove that their partner has done something that justifies a divorce, such as adultery, physical abuse, or abandonment. In Washington, the spouse suing for a fault divorce must prove that the other spouse’s actions caused the breakdown of the marriage. This type of divorce is often contested, as the spouse being sued may claim that the other spouse’s fault is not sufficient to be grounds for a divorce. In Washington, a fault divorce may be granted if the other spouse has had an extramarital affair, deserted the home for more than one year, inflicted physical or mental cruelty, committed adultery, or been involved in criminal activities. In some cases, a fault divorce may be granted even if the other spouse has not been guilty of any of these activities. Each state has its own laws regarding fault divorces and how they are to be obtained. Along with Washington, some states allow for no-fault divorces, in which neither partner is found at fault for the breakdown of the marriage.

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