Boca Raton Divorce Lawyers Eric N. Klein

Fault Divorce

Background

In 1969, Governor Ronald Reagan of California signed a statute that changed the way we look at divorce and the ease with which one could be procured. The statute he signed came into effect in 1970 and created no-fault divorce. Prior to that, fault divorce existed. Today, 35 states still allow couple to allege that one spouse was at "fault" for the failure of the marriage.

Definition and Process

A "fault" divorce is a divorce in which one party spouse blames the other spouse for the failure of the marriage by citing numerous wrongdoings. The fault can be based on adultery, physical or mental cruelty, desertion, alcohol or drug abuse, insanity, impotence, or infecting the spouse with a venereal disease.

Tradition requires that during divorce proceedings, typically a trial, one of the spouses has to be able to prove that the other spouse was legally at fault. Once the standard of proof has been met, the "innocent" or "victimized" spouse is granted a divorce from the "guilty" spouse. Because the proceedings take place in a trial setting, the "guilty" spouse is given an opportunity to defend him or herself.

Problems with Fraud

Unfortunately, there was a degree of fraud involved with fault divorces. Frequently, people wanted to divorce because they were unhappy together and yet there had been no wrongdoing. When this happened, there were cases where one spouse would walk in on the other spouse having an affair. While this sounds legitimate, the time for the spouse to walk in was pre-set by the couple as a means of introducing a degree of marital misconduct.

Contact Us

If you are considering a divorce, no-fault or otherwise, contact the Boca Raton divorce lawyers of Eric N. Klein & Associates at 561-353-2800 to discuss your situation.