Should you get a fault-based divorce after infidelity?

Should you get a fault-based divorce after infidelity?

Most divorces are conducted on a “no-fault” basis, meaning that from a legal standpoint, they are not based on the actions of one spouse. You might also have the option to get a fault-based divorce in Maryland, but it is worth thinking carefully about the advantages and disadvantages of this approach. If your spouse was unfaithful, you might need proof of infidelity, and even then, you might not necessarily benefit from it.

Why get a fault-based divorce?

One of the main reasons to get a fault-based divorce would be because one spouse wanted to get the process over with quickly with no waiting period. This might be the case for a person who was worried about their own physical safety or the safety of their children, and in a situation like this, it may be the best decision. However, others might wonder if a “fault” divorce would result in a judge’s decision about alimony or property division favoring the person who is not legally at fault.

Effect on alimony and property division

There might be situations in which a person not “at fault” in a divorce could get more property, pay less in alimony or receive more in alimony, but in most cases, this does not affect how property is divided or support is awarded. Furthermore, fault-based divorces can be more expensive and stressful, and this stress can affect any children as well. A better approach for some couples might be mediation and collaborative law.

These offer alternative dispute resolution methods that can be less costly and less stressful. They can also give both individuals more input into the final divorce agreement. People who are considering a divorce might want to consult an attorney to learn more about these approaches as well as how property division and support might be calculated.