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What is a Fault-Based Divorce in CT? │ Heidi Opinsky Law

Your Marriage Has to Fulfill Certain Conditions for You to File for Fault-Based Divorce

If you are thinking of filing for divorce in Connecticut, you have the option of filing for either a no-fault divorce or a fault-based divorce. You can file a no-fault divorce if you feel like there has been a significant and irreversible breakdown in your marriage, or if there was separation due to incompatibility for 18 months between the spouses.

Though no-fault divorce is one of the most common methods of filing for divorce because of how quick it is, filing a fault-based divorce may be more befitting for your specific circumstances.

What is a Fault-Based Divorce?

Statistics show that the leading cause of divorce in the United States is infidelity. (1) If you have decided to end your marriage because your spouse cheated on you, it may be more befitting for you to file a fault-based divorce. However, this depends on your personal circumstances, and you should seek legal advice from a divorce lawyer first before making any moves.

You can file a fault-based divorce not only for cases of infidelity but also when your partner commits clear wrongdoing that led to the breakdown of your marriage.

Fault-based divorce may be filed if:

  • Adultery was committed
  • The marriage contract is proven fraudulent due to the spouse hiding vital information at the time of marriage 
  • A total neglect of duty and desertion occurs for 12 months or more
  • Serious substance abuse and addictions were prevalent
  •  Imprisonment and mental illness occur, under certain circumstances

When a fault-based divorce is filed, there will be a lot of hostility and you will require the assistance of an attorney to help you prove your claims. A lawyer can also listen to the details of your case and let you know if this is the best option for you, or if filing a no-fault divorce is better for your specific circumstances.

What Are the Benefits of Filing a Fault-Based Divorce?

Though a fault-based divorce will often take longer and be more complicated, it can work in your favor when it comes to dividing marital property and awarding alimony. If you are able to prove the fault of your ex-spouse, then it is possible the court will award you a larger amount to compensate you for your suffering. However, this differs from case to case, and it is always better to connect with a divorce attorney first before making any substantial legal moves.

Get in Touch with a Skilled Family Lawyer in NY Today

Filing for divorce is a complicated legal process. To make sure you get the appropriate legal help you need during this difficult time in your life, you should make sure you reach out to a qualified family lawyer without delay.

Connect with an experienced family lawyer, Heidi Opinsky, at the Law Offices of Heidi Opinsky, LLC, today to learn more about fault-based divorces, and no-fault divorces, and to make an educated decision on which route is best for you.

Visit our website to send us a message or call 203-653-3542 now and we will get back to you as soon as possible


 1. https://www.insider.com/why-people-get-divorced-2019-1