What is the meaning of a at fault divorce?

Question

My husband cheated and got another woman pregnant while we were married and i was pregnant...is this reason for a "at fault divorce" ?

Answer 1

It depends on the state you live in - very few states even have "at-fault" divorce.  You need to speak to a divorce attorney in your state.  You certainly have moral and religious grounds for divorce.

Answer 2

Depending on what state you live in, some states are "no fault" states meaning that you dont have to have a reason for divorce.

At fault means that the other person wronged their spouse, but you have to be able to prove that the other person was at fault, him getting her pregnant is the perfect proof.

anyhow, I would talk to a lawyer, and see if you are in a No fault state or not, and divorce his ***.

Answer 3

what youre looking for is just a divorce...you can get one under the category of inreconcilable differences...

if the divorce is agreed upon tho you can go under a non contested divorce...it costs less money and theres less fighting..

Answer 4

In the State I live in there has to be a Fault in the divorce.  One side has to have wronged the other in order for a divorce to be granted by a Judge.  The infedelity is a fault while you are married.  But he has to be served and you have to prove in court that he cheated on you and vise versa in order to win.

Now you can win by default if he is served with divorce papers and does not apear in court.  You get everything you ask for and more.  Good Luck with it.

Answer 5

At fault divorce is becoming more and more antiquated.  It came out of the original concept that women should be treated like children and thus should have some other adult (a male always - a judge) view the situation and make a determination based on their view.  This system always forced women who were abused or suffered economic or emotional abuse (because remember, women couldn't work outside the home until only recent history), to prove the extent of their injury or if it even existed.  

Men overwhelmingly won these battles and the woman brave enough to put themselves through them were usually pretty desperate to get out or had an unusual sense of personal sovereignty.  The women's movement worked very hard to remove the barriers to women living their own lives as adults, getting rid of at-fault divorce was one important part of that fight.

In this day and age, people have a right to find their own way toward happiness without having to put up their plan for outside review.  Divorces are considered and granted on the basis of "irreconcilable differences" which is general and does not take sides.  

In any court proceeding there is the party that brings the issue to the court to change a legal arrangement made in the past or to give some relief due to a wrong.  This is called filing suit.  In a lawsuit, the defendant(who receives notice of being sued from the plaintiff) has a right to dispute (contest) the claims made in the suing party's (plaintiff) first write-up to the court (the Writ).  This is why when someone files suit against someone or takes any action against someone in court, the other party must be notified and record is taken as to that.

So, in a divorce proceeding, if no one contests the original suit, its a simple procedure and asset divisions and custody arrangements are made under the supervision of a judge, a decree issued and the divorce is final.

If the divorce is contested, then that's a whole nother ball of wax, now you have the potential issue of proving why you want a divorce, or who the truly injured party is and how and to whom the court should grant relief.  When children are involved, almost always the matter goes to trial and a series of hoops must be jumped through by both parties to allow the judge to make the best determination on behalf of the children.  

In your case, if your spouse disagrees with your claim, he'd contest your initial filing with reasons why.  He may also wish to contest and proceed to trial if he's concerned about asset division or feels that you and he will not agree on custody and other related issues.  Either way, once the suit is filed and the defendant makes their own filing in dispute, you are both off to the races.

Yahoo! Its a long and arduous battle most of the time.  Good luck.