Legal Blog
Filing For a Fault-Based Divorce
Property/Monetary Award
As the court evaluates the factors it must consider when making an equitable division of marital property, it must consider what led to the breakup of the marriage (fault).
Alimony
When the court considers alimony, one of the many factors the court is required to consider is what led to the breakup of the marriage (i.e., fault). It is only one of many factors and generally, economic factors are more weighty.
Custody
The custody of a child may be, but is not necessarily, affected by fault. The analysis will revolve around what is in the best interest of the child.
Making the decision to allege fault-based grounds can sometimes be a difficult one. This is why it is important to talk to a divorce attorney. An experienced attorney will help you make the best choice and learn to expect from both a fault or no-fault divorce. If you’d like to discuss your options, please contact Linda Sorg Ostovitz at lostovitz@offitkurman.com or telephone (301) 575-0381.
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