What is fault-based divorce?

Fault-based divorce is a type of divorce that requires the court to identify one partner as the at-fault spouse. The at-fault spouse must have committed an action that is deemed grounds for divorce in the eyes of the court. In South Carolina, these grounds include adultery, physical cruelty and desertion. In order to file for a fault-based divorce, a spouse must provide evidence in court that supports the claims made. In order for a fault-based divorce to be valid, there must be sufficient evidence to prove the grounds of the divorce. For instance, if adultery is the grounds for the divorce, the spouse filing must provide evidence such as emails, text messages, video recordings or other such items which can confirm the accusation. This type of divorce is contrasted with a no-fault divorce, in which the court does not require a spouse to prove wrongdoing or fault of any kind. Fault-based divorces can take longer to process than no-fault divorces, since the court must spend time reviewing evidence and determining fault. Also, this type of divorce carries a certain amount of stigma because of the claim that one spouse is guilty of wrong-doing. Because of this, fault-based divorces are becoming less common and many couples have moved towards more streamlined and less accusatory types of divorce. Divorce is emotionally difficult to experience, and couples should consider all options available to them before deciding on a course of action.

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What is fault-based divorce?

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