Fault Divorce

General

A divorce based on specific marital misconduct such as adultery, cruelty, abandonment, or substance abuse.

Example

She filed for fault divorce alleging adultery and seeking a larger property share.

Canadian Equivalent

In Canada, this is referred to as Adultery or Cruelty (grounds under s.8(2)(b) Divorce Act, rarely used since separation is simpler).

Jurisdiction Variations

CALIFORNIA

Not available

California is a pure no-fault state — fault grounds are not permitted

COLORADO

Not available

Colorado is a pure no-fault state

WASHINGTON

Not available

Washington is a pure no-fault state

OREGON

Not available

Oregon is a pure no-fault state

WISCONSIN

Not available

Wisconsin is a pure no-fault state

NEBRASKA

Not available

Nebraska is a pure no-fault state

MONTANA

Not available

Montana is a pure no-fault state

NEW-YORK

Cruel and Inhuman Treatment / Abandonment / Adultery / Imprisonment

New York retains fault grounds alongside no-fault

VIRGINIA

Adultery / Cruelty / Desertion / Felony Conviction

Virginia retains fault grounds that can affect spousal support

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