What Is an At-Fault Divorce?

Divorce is an emotional and often confusing time. So when a marriage breaks up, important steps may get skipped or overlooked as you try to navigate the separation. But while many people are rightfully focused on getting away from their unhappy situation, it’s important to go through the legal portion of a divorce correctly. For instance, knowing whether to opt for an at-fault divorce can be hugely beneficial, especially in cases where one partner’s actions may have been responsible for the marriage ending. 

What Is an At-Fault Divorce?

As the name suggests, opting for an at-fault divorce is ideal for situations where one partner has done (or failed to do) something that results in the divorce. In an at-fault divorce, these actions — typically referred to as matrimonial offenses — become central to the legal proceedings. While not every state allows for this type of divorce filing, many do, including New Jersey, Connecticut, and Alabama. 

 One of the primary benefits of choosing an at-fault divorce is that couples do not have to wait the usual amount of “separation time” before being granted a legal divorce. The other main benefit is that, if an at-fault divorce is granted, the spouse who filed is more likely to receive a greater share of property and alimony. 

Fault Divorce vs. No-Fault Divorce

There are a number of notable differences between a fault and no-fault divorce. No-fault divorces, which are more common, happen when the couple does not cite specific wrongdoing by a single partner. The terminology used in these cases varies, but “irreconcilable differences” is the most common way of describing the reason for a no-fault divorce. 

 At-fault divorces, on the other hand, need to have specific grounds for divorce that are experienced by one partner significantly more than the other.