Potential Benefits Of Filing A Fault Divorce
A no-fault divorce has often been held up as superior to fault divorce, and this is true in some aspects. However, there are also some advantages to filing a fault divorce, and they include the following:
No Waiting Period
Most jurisdictions require a waiting period for those who want to divorce. The rationale is that the waiting period gives both parties time to reflect on their impending divorce and decide whether they really want it. The government hopes to prevent impulsive divorces this way. However, many people find it abhorrent to stay married to partners who have done them a grave wrong. For example, if you have just learned that your partner has been cheating on you with multiple people, you may not wish to stay married to them any second longer. A fault divorce gives you a way out because there is no waiting period.
Bigger Share of Marital Property
In some jurisdictions, proving your partner's fault may entitle you to a slightly bigger share of the marital property. This is especially true if your partner did something particularly nasty and you have clear evidence of it. If that is the case in your state, then filing for a fault-based divorce may make sense.
An Advantage in Custody Dispute
Your respective behaviors during your marriage may have a big impact on child custody deliberations, especially if they affected your children's welfare. Therefore, proving that your partner did something wrong (assuming this is the divorce ground) may help you win the custody battle. For example, a partner who deserted you and the kids may have a hard time getting their physical custody. The same is true for a partner who is a drug abuser and doesn't shy away from using drugs in the presence of the kids.
Psychological Benefits or Personal Satisfaction
Lastly, some people don't feel like justice has been done if they go through a no-fault divorce even though their former partner did something unforgivable that led to the divorce. For example, you may feel bad about getting a no-fault divorce because your partner deserted you for a long time and you really tried your best to save the marriage. There is nothing wrong with getting a no-fault divorce in such a case, but you have the right to let everyone know that it's your partner's actions that ended your marriage – if that is what you want.
This is why it's wrong to make an automatic assumption when it comes to divorce. Ideally, you need to consult a divorce attorney to help you analyze your situation and help you decide on the best move forward.