Filing for a Fault or No-Fault Divorce in New Haven

When filing for marital dissolution, spouses must cite the reason for divorce. New Haven recognizes both no-fault or fault-based grounds for divorce. The grounds cited in the initial filing paperwork are important, as they can affect the court’s decision on issues such as the distribution of assets or child custody.

Before submitting a petition, you should talk to a lawyer about the difference between filing for a fault or no-fault divorce in New Haven. An experienced attorney can help you determine the best path forward depending on your specific circumstances.

What is a No-Fault Divorce?

As oftentimes marriages do not end as a result of the sole actions of one party, spouses do not need a specific reason to request a divorce. Spouses may petition for a no-fault divorce, meaning no sole party is entirely responsible for the breakdown of the marriage. Spouses who want to end their marriage without indicating a specific fault can work with a local attorney to file a no-fault divorce. The filing of a no-fault divorce does not preclude a judge from considering fault in issuing a final divorce judgment.

Potential Reasons to File for a Fault Divorce

If the filing party believes the other spouse is responsible for causing the breakdown of the marriage, they may cite one or more reasons for divorce. Some of the accepted fault-based grounds for dissolution include:

  • Adultery
  • Fraudulent contract
  • Intolerable cruelty
  • Drug or alcohol addiction
  • Willful desertion for at least 12 months
  • At least seven years of absence from the marriage
  • Imprisonment or confinement in a mental institution

Citing one of these reasons might impact how a judge rules on a particular case.

Why Would Someone Pursue a Fault Divorce?

If the filing spouse expects the divorce to be contentious, citing fault-based grounds for dissolution may help them achieve a more favorable judgment concerning asset distribution. For example, if one party committed adultery, the judge may decide to award a larger share of assets being given to the faithful spouse.

These reasons could also affect a child custody ruling. If the petitioning spouse cited alcoholism as the reason for divorce, the other party may not be granted custody of shared children. A lawyer in the area can help spouses demonstrate who is responsible for the divorce to obtain a fair judgment.

Proving Responsibility for the Breakdown of the Relationship

During divorce proceedings, the at-fault party cited in the petition may present evidence to prove they are not responsible for the breakdown of the relationship. Additionally, a spouse may attempt to prove the filing party contributed to the end of the marriage as well. A skilled attorney can defend a spouse against allegations or prove the fault of the other party in divorce proceedings.

Talk to an Attorney Before Filing for a Fault or No-Fault Divorce in New Haven

Whether you are considering filing for a fault or no-fault divorce in New Haven, you should retain a lawyer who can help you navigate the process. An attorney at our firm can help spouses seeking a fault divorce gather the evidence necessary to argue for a greater percentage of the assets or alimony.

Our team can also help those seeking no-fault divorces defend themselves against allegations of fault. Reach out to our firm today for more information about assigning responsibility for a divorce.

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