What is marital misconduct?

Marital misconduct is a type of fault-based ground for divorce in the state of Washington. Fault-based grounds for divorce are cases in which one spouse is at fault for the dissolution of the marriage. In cases involving marital misconduct, one spouse has done something that has caused the marriage to become irretrievably broken. There are several types of marital misconduct in Washington state, including abandonment, adultery, cruel treatment or disorderly conduct, or physical or mental abuse. Other forms of marital misconduct in the state include living apart for more than one year, substance or alcohol abuse, or abuse of a child in the marriage. In cases involving marital misconduct, a court will look to the evidence to determine whether one spouse did indeed engage in marital misconduct. To establish marital misconduct as a fault-based ground for divorce, the spouse seeking the divorce must prove that the misconduct occurred, was committed by the other spouse, and was the cause of the irretrievable breakdown of the marriage. If a court does find that one spouse engaged in marital misconduct, this could have an effect on the outcome of the divorce proceedings, particularly when it comes to the division of assets and liabilities, alimony, and other matters. In some cases, the court may order the at-fault spouse to pay additional financial resources to the other spouse. It is important to seek the advice of a knowledgeable family law attorney in Washington state if you are considering filing for divorce on the grounds of marital misconduct.

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What is marital misconduct?

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