Home » Ask a Divorce Lawyer: How Do You Prove Fault in a Fault-Based Divorce?

Ask a Divorce Lawyer: How Do You Prove Fault in a Fault-Based Divorce?

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When seeking a fault-based divorce, you’ll need to prove one of the spouses created circumstances that are grounds for this type of divorce. If you work with Houston’s top divorce attorney, then you have a much higher chance of proving the spouse you’re divorcing is at fault.

Ask Houston’s Top Divorce Attorney: What Are the Grounds for a Fault-Based Divorce?

There are various grounds for a fault-based divorce, including:

  • Adultery
  • Domestic violence
  • Cruel treatment
  • A year or more of abandonment
  • Mental incapacitation
  • Felony convictions

Learn more by contacting an experienced divorce attorney.

How Can You Prove Fault in a Fault-Based Divorce?

1. Photo and Video Evidence

Photo and video evidence can help you prove fault in various types of fault-based divorces. In cases of domestic violence, you can attempt to record a video of your spouse being abusive. Taking pictures of any injuries inflicted is also helpful. If you’ve told anybody about the abuse via text or email, then you can also share this with your attorney. This can help show the abuse has been going on for some time.

Screenshots and printouts of texts can also help in devices based on adultery. Divorce attorneys are allowed to subpoena phone records, meaning they can order a spouse accused of being unfaithful to have their phone records used as evidence in the divorce. Any communication between the unfaithful spouse and their affair partner can be evaluated and used as evidence.

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2. Medical Records

Medical records can be used as evidence in several types of fault-based divorcees. If an abusive partner caused injuries that required treatment, then there’ll be medical records to back up your statement about being physically abused.

If you’re basing your divorce on mental incapacitation, then there may be medical records showing proof of the incapacitated spouse’s mental health issues.

3. Witnesses

Witnesses are helpful in every type of fault-based divorce. If anybody witnessed your spouse being abusive, then they can come forward and talk about it. If they can attest to your spouse abandoning you for a year or more, then they can also discuss this. If they saw your spouse being unfaithful, then once again, a testimony about this can be very helpful in your case.

Witnesses can be friends and family, but they could also be strangers. For example, if an unfaithful spouse frequented a certain restaurant with their affair partner, then the restaurant staff could make statements regarding seeing the pair regularly. They can also talk about the type of behavior the unfaithful spouse and their affair partner displayed on their outings together.

4. Legal Records

If you’re divorcing your spouse due to their felony convictions, then evidence should be easy to gather. Police records and legal documents should be proof enough of the fault in the divorce.

5. Financial Statements

If there was adultery, then financial statements may show the unfaithful spouse has been spending money on vacations or gifts that weren’t shared with the faithful spouse. Your attorney will do further investigation to try and build a stronger case based on these records. For example, they may speak to witnesses or use social media statuses to show the unfaithful spouse’s affair partner most likely went on a vacation shown in the unfaithful spouse’s financial records.

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The unfaithful spouse and their affair partner may also be called upon in court and instructed to speak about the suspicious purchases shown in the financial statements under oath.

Why Choose a Fault-Based Divorce over a No-Fault Divorce?

No-fault divorces are typically chosen by couples who simply no longer wish to be married due to difficulty in getting along, having grown apart, different wants for their futures, and more. They agree neither party has any fault in causing the end of the marriage, and they agree to file for a no-fault divorce together.

In situations where one party doesn’t agree to the divorce, then the other party may seek a fault-based divorce. Some couples may agree to get divorced, but one party may feel severely wronged by the other based on adultery, cruel treatment, or something else that happened leading up to the divorce. This is also a reason someone might choose a fault-based divorce over a no-fault one.

Will an At-Fault Spouse Receive Fewer Assets in a Fault-Based Divorce?

There’s no guarantee that one party’s fault may cause them to receive fewer assets in the divorce, but it can happen. For example, if an adulterous spouse spends a lot of money on their affair partner, then they may receive a smaller share of financial assets or joint property. However, this varies on a case-by-case basis.

Proving fault in divorces can sometimes be tricky, but experienced attorneys have the skills and knowledge to help you gather evidence that proves your spouse is at fault. Share as much information about your circumstances as you can with your attorney. This can help them figure out where to begin their investigation to gather evidence. For other legal assistance you can also check out Orlando car accident lawyer and other niche attorneys.

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