Fault-Based Divorce: Why You Need a Lawyer

Posted by Nunneley Family Law on September 25th, 2016

Obtaining a divorce under any circumstances can be emotionally trying and difficult to pursue without proper legal representation. If a fault-based divorce is being pursued, however, parties on both sides of the table may especially find that having solid legal representation in their corners is critical. Not only can an experienced family lawyer help clients navigate the legal system, he or she will work tirelessly to ensure as positive an outcome in a fault-based case as possible.

While many divorces are considered “no-fault,” there are times when one party wants to legally blame the other for a marriage’s failure. This may arise due to such issues as physical or mental abuse, drug or alcohol abuse or adultery, among other causes. Unlike a no-fault divorce where neither party is technically assigning or accepting blame, this type of proceeding puts an obligation of proving fault on the filing party in order to obtain the divorce. The avenue is pursued by parties for a variety of reasons, but is often the chosen path when:

• Parties cannot come to acceptable terms in regard to child support or custody issues

• Parties cannot come to agreeable terms in regard to the division of property

• When one party wants the court to consider mitigating issues that led to the divorce when determining custody, child support and division of property. In a case of abuse, for example, this type of divorce may be pursued to ensure the allegedly at-fault spouse has no or limited access to children from the marriage.

Whether someone is filing for an at-fault divorce or is the recipient of such a legal action, having a family lawyer skilled in this type of proceeding can prove critical. For plaintiffs, legal expertise is often essential to ensure the proper evidence is presented to obtain an at-fault ruling. A skilled family lawyer will be more likely to leverage evidence to ensure as fair and equitable a settlement as possible.

Defendants on the receiving end of an at-fault divorce filing will find their interests are often best protected when a skilled family lawyer presents their case, as well. A good attorney can often present counter-evidence to help disprove the allegations or, at the very least, advocate for a fair and just resolution of the case should fault be irrefutable.

Divorce is a messy issue for both parties no matter the circumstances. Family lawyers are dedicated to taking the legal burdens off clients’ shoulders while working to ensure the fairest settlement possible in at-fault and no-fault cases alike.

About Author

Nunneley Family Law has been helping families in the Fort Worth and Mid-Cities area resolve complicated family law issues for over 35 years. Their team of professionals provides the clarity and focus you need to break through the turmoil and reach equitable and fair closure.