Divorce Fault Grounds (part 2 of 3)

by Mike DeBlasi | June 12, 2018 10:24 am

A fault-based divorce may only be obtained by an innocent party.  Several defenses are available to a party against whom a fault ground has been asserted, including: recrimination, condonation, innocence, connivance, insanity and provocation.  The available defenses to fault are as follows:

The court must determine a single and primary cause for the breakdown of the marriage, whether irreconcilable differences or a fault ground.  A court cannot find that multiple fault grounds caused the breakdown of the marriage.  Similarly, a court cannot find that both fault and irreconcilable differences caused the breakdown of the marriage.  The court is legally required to find the primary cause of the breakdown of the marriage and declare that to be the reason for the parties’ divorce.

About the Author: Margaret Kerouac[1]

Endnotes:
  1. Margaret Kerouac: https://orr-reno.com/our-people/margaret-r-kerouac/

Source URL: https://orr-reno.com/divorce-fault-grounds-part-2-of-3/