I live in a 'Fault' state. What happens if I can't prove fault? Do I have to stay married?

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[I live in a 'Fault' state. What happens if I can't prove fault? Do I have to stay married?]

I live in a 'Fault' state. What happens if I can't prove fault? Do I have to stay married?

May 14, 2012, 08:25:32 AM

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I live in a 'Fault' state. What happens if I can't prove fault? Do I have to stay married?

If you live in a 'Fault' state, a judge will generally not grant a divorce unless a) both parties agree on all issues, or b) you can prove fault.

Articles in « General Questions »

• I'm new to all this...where do I start?
• Where can I find information about my State's divorce laws and statutes?
• How is a divorce initiated?
• What is an uncontested divorce?
• My spouse has just told me that he/she wants a divorce. Can I oppose the divorce?
• My spouse filed for divorce. What happens if I don't sign the papers?
• Does one of us have to move out of the house? If I move out, what happens?
• My spouse took the kids and moved out, and now she's telling me that I can't see them. Can she do this?
• Will I get to keep my house/car/property?
• Do I really need an attorney? How do I hire an attorney?
• Where can I find a good attorney?
• What do I need when I see the attorney? What should I bring?
• What are some guidelines for working with my attorney?
• Can I change attorneys in the middle of my case?
• What do I do if my attorney wants to quit in the middle of my case?
• My ex is asking for attorney's fees. Will I have to pay for my spouse's attorney?
• We've lived apart for over a year, does this mean we're legally separated?
• What is a 'legal separation'? What does a Separation Agreement do?
• My spouse had an affair. Can I use this against him/her?
• What happens in a
• I have been married for less than a year. Can I annul my marriage, or do I have to file for divorce?
• How is an annulment different from a divorce?
• What states allow annullments or invalidation of marriages?
• What are the grounds for an annulment?
• My former spouse's obligation to pay me alimony ended when I remarried. If my second marriage is annulled, will my former spouse now have to start paying again?
• What is the legal time frame required to file for an anullement?
• How would I get an annulment?
• Does a divorce or anullment need to be filed in the same state the marriage was in?
• My wife has annulled our marriage. Are we considered legally divorced?
• My spouse and I purchased a car recently; now we're divorcing. What should we do about the car? Is it community property?
• I live in a 'Fault' state. What happens if I can't prove fault? Do I have to stay married?
• My divorce isn't final yet, but my spouse has remarried. Isn't this illegal? What can I do about it?
• My attorney says I have a "sure case". Is there such a thing?
• My ex was supposed to take over the car payment and take my name off the loan, but the creditor is still coming after me. Can they do that?
• My spouse has obtained a credit card in her name only and has charged quite a bit on it. Am I responsible for any of this debt even though I'm not on the card?
• I've filed for divorce and my spouse wants to reverse it because it prohibits her from moving out of state and taking our 2 children. Is there any way she can do this?
• I have joint custody of my daughter and I'm getting ready to move out. Her mom claims that her lawyer told her that I must get a two bedroom apartment and my child must have her own room. Is this true?
• If I start dating someone before my divorce is final, can it be used against me (in a fault State)?
• If there's no paperwork specifying custody, can I keep my child in New York (for example) and not return him/her to Maryland (for example) while I file for custody?
• My girlfriend and I have a child together. I am listed as the father on the birth certificate. Could I take child with me if we broke up?
• What would I be giving up if I agree to give my (soon to be) ex-wife sole custody?
• My spouse is serving in the Armed Forces, stationed in another country. Can I still file for divorce?
• My daughter is hearing impaired. She's not doing well in school because of it, and I want to send her to a special hearing impaired class. Her mom refuses. What can I do?
• My ex has been in numerous short-term relationships with men recently. My son becomes very attached to them, but then they always break up, which is very hard on my son. Will the court help?
• My husband and I are getting divorced and he wants to relinquish his parental rights. How can we do this?
• My ex is in jail and wont be getting out for at least 2 years. Can I file for the divorce myself?
• I've been married for almost three years, if I ask for a divorce and move out, do I have to pay the rent where we stay and the bills. She has never worked during our entire marriage.
• When parents aren't divorced yet, can one parent take child to another state to live permanently?
• My ex is applying for loan and insists she needs proof that I'm paying child support (which I am). Do I have anthing to do with her loan?
• My wife is dating her boss, which would cause her to be fired on the spot. Would this information possibly change the outcome of a child custody battle in a "no-fault" state?
• My ex and I have been in and out court for years. Is there a limit to the number of times she can drag me back into court?
• What states allow annullments or invalidation of marriages?
• I haven't seen my daughter in two years because my ex moved without letting me know her address and phone number. How do I locate her?
• I am in the process of divorce and am legally separated now. Can I get engaged (but not married) before the divorce is final or is that illegal?
• My ex is neglecting her responsibility of carrying health insurance on my child. Is there anything I can do?