Divorce Law When "Fault" Matters

Some states will consider "fault" issues when dividing the marital assets, or when assessing spousal support (alimony). Please note that under most "fault" circumstances, a typical trial court will not dramatically change the division of assets. With most marital estates, you will need to consider whether a five or ten percent difference in the property division justifies the expense and conflict associated with attempting to prove fault. There is often a better financial return in making sure that all assets are located, properly valued, and included in the marital estate, as opposed to trying to prove fault. Please note that while the five or ten percent difference is most typical, in extreme cases courts have been known to award larger amounts, and on at least one occasion even the entire marital estate, to the wronged spouse. Your attorney can help you make the assessment of what is likely to happen in your case, and whether you would benefit from trying to make fault an issue. Child custody litigation can also raise some of the issues associated with "fault" divorce, as parents try to prove themselves more fit, or the other parent less fit, to raise the children.