While many states permit a no fault divorce, this can only be obtained with ease when both parties agree to it. Also, many states impose a waiting time before granting a no fault divorce. However, if you have grounds for a fault divorce, the divorce can be granted immediately.
The most commonly cited faults for divorce are one spouse claiming that the other committed adultery, cause physical, mental, or emotional abuse, incarceration, insanity, impotence, substance abuse, desertion, or being infected with a sexually transmitted disease. In such cases, you need to retain the services of a divorce lawyer who can help you prove your claim in court. Different states have differing specifications for the length of time you have to be abandoned before you can claim divorce on those grounds.
A Serious Issue
When a spouse is able to prove fault and obtain a divorce, they can often obtain a better share of the joint property and better spousal settlements. Moreover, you might be able to obtain sole custody of the children as well. This is where the pain and frustration comes in. Arguing over who gets the flat screen or the nice picture on the wall is one thing, but deciding when the children can come visit you or if they can attend church or not is something different entirely.
As a fault divorce will show negatively on your spouse’s records they are likely to fight the charges. As far as possible, it is better to talk with a divorce lawyer who can use the proof of adultery or abuse to obtain a better negotiated settlement from your spouse instead of making a formal charge against them in court. This will mean that you will have to file for a no fault divorce even as your lawyer uses the proof of substance abuse or adultery to ensure that you get sufficient spousal support and complete custody of the children.
When a marriage breaks down irretrievably, it is often best if both spouses decide to part amicably. However, if they are unable to do so, a divorce lawyer can help negotiate an appropriate settlement.