In decades past, to be granted a divorce, one party would need to file on the grounds of fault, essentially accusing their spouse of wrongdoing. However, the laws have changed over time, and now you can file for a “no-fault” divorce, meaning you do not need a reason to end the marriage. In some states, you can only file for divorce on the grounds that no fault occurred, while others, like Louisiana, still honor fault grounds during the divorce process. If you’re preparing to divorce, understanding all your legal options for this process is critical. The following blog explores what you should know about fault grounds and why you must connect with a Monroe, Louisiana divorce lawyer when you’re ready to file.
How Do Fault Grounds Work in a Divorce?
As previously mentioned, it is not necessary to prove that your spouse’s decisions lead to the dissolution of your marriage. You can choose to file on the grounds of “irreconcilable differences,” which is a no-fault divorce. To file a no-fault divorce, you must prove that you and your spouse, who have no minor children, have lived separately for 180 days or 365 days if you do have children. However, if you do want to cite your spouse’s wrong-doings as the reason, it’s essential to understand how this process works.
In Louisiana, you may file for divorce if your spouse committed adultery, was convicted of a felony offense, or you or your child are a victim of abuse at the hands of your spouse. Though this process can take longer, as you must provide a considerable amount of evidence to prove wrongdoing, there are benefits in terms of child custody and alimony.
It’s also important to understand that if you have a covenant marriage, which is heavily rooted in religious and moral conviction, different laws apply. You cannot file for a no-fault divorce and must prove fault if you wish to end your marriage. As such, if you want to divorce but are in a covenant marriage, connecting with an attorney to explore your legal options is vital, as this process is even more complex than a traditional divorce.
Do I Need a Lawyer to Prove Fault?
If you want to prove fault to receive a more favorable alimony or child custody outcome, it’s in your best interest to connect with an experienced attorney. Unfortunately, proving adultery or abuse can be difficult, so letting an experienced attorney guide you through this process is critical.
At Breithaupt, DuBos, & Wolleson, our dedicated legal team understands how overwhelming filing for divorce can be, which is why we are dedicated to helping you every step along the way. Connect with us today to learn how we can assist you.
