Fault Divorce at Legal Glossary

What is it? A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The innocent spouse was then granted the divorce from the guilty spouse. Today, 35 states still allow a spouse to allege fault in obtaining a divorce. The traditional fault grounds for divorce are adultery, cruelty, desertion, confinement in prison, physical incapacity and incurable insanity. These grounds are also generally referred to as marital misconduct.

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