Disadvantages Of A Fault Divorce

Even if your state allows both at-fault and no-fault forms of divorce, you should be careful about which route you use to end your marriage if your partner has wronged you. Be cautious with an at-fault divorce since it's fraught with complications that the no-fault route doesn't have. Below is an overview of some of these complications.

Likely To Be Bitter

If you are pursuing an at-fault divorce, it means you are laying all or most of the blame on your partner. In fact, you are basically saying that your partner has done something so heinous that you can't live with them anymore. Maybe you are accusing them of cheating on you or being cruel to you.

Whatever your ground for the at-fault divorce, your partner is unlikely to take the blame while lying down. Expect a spirited fight that can turn bitter and ugly within no time. This can affect your post-divorce relationship, which may not be a good thing if you have to raise kids together after the divorce.

Might Be Lengthy

Your at-fault divorce can be drawn out if your partner decides to defend themselves. Note that you won't get an at-fault divorce purely based on allegations — you need proof. For example, if you want to base your divorce on adultery, you need proof of a sexual liaison and not just suspicions of a romantic relationship.

Getting the necessary evidence might take time. For example, you may have to hire a private investigator. Your partner might also decide to file a counterclaim. In the end, your divorce might take longer than it would have taken if you had gone with the no-fault route.

Might Be Expensive

Another problem with at-fault divorce is that it requires considerable expenses. As mentioned above, your at-fault divorce is likely to be lengthy, and lengthy divorces tend to be expensive. Secondly, gathering the required proof and proving your case in court can also be expensive. For example, you may need to pay an expert witness and a private investigator to prove your case.

Might Be For Nothing

Lastly, you might struggle with an at-fault divorce only to have it morph into a no-fault divorce. For example, you might fail to prove your case conclusively, or your partner might overcome your claim with their spirited defenses. In the end, you may have to go back to the no-fault divorce option you wanted to avoid in the first place. This means you shall just have wasted the resources (time and money) you used in the pursuit of the at-fault divorce.

For more information about at-fault and no-fault divorces, contact a divorce attorney in your area.