A fault-based divorce is granted after a court determines that a husband or wife has acted wrongly and caused the breakdown of the marriage. The most commonly used grounds, or causes of a divorce, are adultery, cruelty, abandonment and conviction of a serious crime. Specific acts of misconduct must be proved.

Reasons for Filing

Many file for fault-based divorces to gain a possible advantage in the distribution of spousal support, marital property and debt. Fault-based grounds may also be used to gain an advantage in child-custody proceedings.

Adultery

William P. Statsky, author "Family Law, 5th Edition," defines adultery as "voluntary sexual intercourse between a married person and someone to whom he or she is not married." If proved in a court, many states will bar the adulterer from receiving spousal support.

Cruelty

Some states will grant a divorce on the fault-based ground of cruelty only if actual or threatened physical violence is proved. A growing minority of states recognize mental cruelty that results in serious impairment of health as a ground for divorce.

Abandonment

Abandonment, which is also known as desertion, occurs when a person intends to end his marriage and unilaterally chooses to stop living with his spouse, against his spouse's wishes.

Conviction of a Serious Crime

Many states allow for a fault-based divorce when a spouse has been convicted of a serious crime and is sentenced to serve more than one year in prison.

Source:

Virginia State Bar

"Family Law, Fifth Edition;" William P. Statsky; 2002