ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Divorce

Will use of fault grounds affect other aspects of the divorce?

That depends on the state. In a few states, fault may be taken into consideration in deciding property and spousal support, even if the divorce is granted on no-fault grounds. In some states, fault will be considered if it directly causes waste or dissipation of marital assets. In some states, a spouse who commits adultery may not be able to receive spousal support. In many states, the fault of a party in causing a breakdown of the marriage is not supposed to be a factor in dividing property or deciding spousal support. In custody cases, the marital fault of a party is not supposed to be considered unless that fault caused a harmful impact on the child. For example, a discreet extramarital affair would not normally be a major factor in deciding custody. But an affair or series of affairs that placed the child in stressful situations could be a factor in deciding custody.