What Is Fault Ground
A fault ground is a specific reason recognized by state law that one spouse alleges caused the breakdown of the marriage, such as adultery, abandonment, cruelty, or substance abuse. Unlike no-fault divorce, which requires only that the marriage is irretrievably broken, fault-based divorce requires you to prove the other spouse's wrongdoing in court.
How Fault Grounds Affect Your Case
The state where you file determines which fault grounds are available. States like New York recognize adultery, abandonment for at least one year, cruel and inhuman treatment, and imprisonment. Other states like California and Texas have abolished fault grounds entirely, accepting only no-fault divorce.
Proving fault matters because it can influence three critical areas of your settlement:
- Property division: In fault states, judges may award a larger share of marital assets to the non-faulting spouse. Some states like North Carolina allow fault to be considered in equitable distribution calculations.
- Spousal support: Demonstrating fault often strengthens your case for alimony. A spouse who committed adultery may be ordered to pay support, while in a no-fault case, support depends on income disparity and marriage length alone.
- Custody and visitation: While courts prioritize the child's best interest, documented fault like substance abuse or abandonment can weigh heavily in custody determinations. Infidelity alone typically does not affect custody unless it directly impacts parenting ability.
Common Fault Grounds by Type
- Adultery: Extramarital sexual conduct. Most fault states require corroborating evidence, not just your testimony.
- Abandonment: Willful desertion lasting a statutory period, typically six months to two years depending on state law.
- Cruelty or abuse: Physical harm, verbal abuse, or behavior causing injury to health or endangering safety. Documentation strengthens these claims.
- Substance abuse: Habitual drug or alcohol addiction affecting the marriage. Medical records or witness testimony support this ground.
- Incarceration: Extended imprisonment, usually a felony sentence, available in limited states.
What You Need to Know About Filing
In fault states, you must file your complaint with specific allegations and supporting evidence. The burden of proof falls on you. Some states require a waiting period even with fault, ranging from 30 days to 6 months. You'll need witnesses, documentation of infidelity, medical records for abuse claims, or police reports for abandonment. Court costs and attorney fees typically run 20 to 40 percent higher in fault cases due to the need for discovery and testimony.
Common Questions
- Will proving fault guarantee I get what I want in settlement? No. Fault influences but does not guarantee outcomes. Judges have discretion, and many factors affect final awards. Some judges give minimal weight to fault even in fault states.
- Can I use fault if my state is no-fault? If you live in a no-fault state, filing on fault grounds is not an option. You must proceed under no-fault grounds like irreconcilable differences.
- How do I prove adultery without hiring a private investigator? Text messages, emails, hotel records, dating app profiles, and witness testimony can suffice. A private investigator costs $1,500 to $3,000 on average but is not always necessary.
Related Concepts
Fault Divorce and Grounds for Divorce provide broader context for understanding how fault grounds fit into the overall divorce process.