Are You Required to Prove Fault in a Divorce?
This article was originally published at the South Carolina Family Law Blog.
It is understandable that after watching TV shows and movies depicting divorce, you could come away with the conclusion that it is required to prove fault in a divorce case. Many scenes depict the dramatic moment of pinning the blame on one party or another, proving abandonment, abuse, or infidelity.
Thankfully, the reality is far less exciting. In South Carolina (and most other states), there is no requirement that either party be at fault in order for a divorce action to move forward. This is because the option of a “no fault” divorce now exists. As the name implies, no fault divorce cases occur when neither party is to blame for the dissolution of the marriage. This is sometime referred to in general terms as a divorce for irreconcilable differences. In other words, it’s not anyone’s fault, the marriage just didn’t work out for whatever reason.
In South Carolina, a no fault divorce can be obtained when the parties have lived separate and apart for more than one year. The benefit of this approach is it avoids the brutal and often costly process of proving before a judge that one party is responsible for the collapse of the marriage. This process can be difficult in terms of gathering evidence and emotionally exhausting for the participants who are forced to point fingers over an already sensitive subject.
However, there are some cases where it may make sense to move forward with divorce for fault. For example, if you can prove that your spouse committed adultery, she is barred and prohibited from receiving any alimony. Also, other divorce grounds, such as physical abuse and/or substance abuse, can figure into child custody and visitation decisions, and they are often brought the Court’s attention for that reason. Proving fault grounds such as these are often expensive but frequently pay off in the long run.
Serious cases deserve serious lawyers. If you or someone you know are facing a separation or divorce, you should contact an experienced family law attorney to schedule a consultation to discuss the options available to you based upon the specific facts of your case, as every case is different, and you shouldn't settle for a "one size fits all" solution that may not make sense for you now or in the long run. You are invited to contact our office today at (864) 598-9172 or [email protected] to request a consultation. We're here to help.
Retired NJ Private Investigator at Robert Kantor, LPI
9 年Fortunately, in New Jersey (a no fault State), alimony is based upon economic need and "fault" will not bar a litigant's right to alimony. That is why that as a Private Investigator, I actually attempt to discourage clients from spending thousands of dollars to prove their spouse is cheating. Spend that money on marriage counseling or a good divorce attorney. Do you really need to know what the paramour looks like or how young she/he is? Aside from wasting assets, you are only creating a hostile environment, especially if there are children born of the marriage. Most private investigators will simply take your hard earned money and provide you with minimal details and a few photographs. I have earned being reputable by telling my prospective clients like it is . . . follow your intuition (especially a woman's intuition which is usually 99% right) and do that which is best for you emotionally and financially. Don't get caught up in unnecessary, hurtful situations. It's over when it's over, proof or not, you know it inside!!!