When a marriage has broken down permanently and completely, and, moreover, there is no prospect of repairing the relationship, the spouses face a dilemma: whether to pursue a divorce in court while determining which spouse is at fault for the breakdown of the marriage, or to opt for a quick process without a finding of fault. When deciding which of these divorce options to choose, it is important to understand that determining fault for the breakdown of the marriage in court does not involve proving which spouse contributed more to it. The court granting the divorce will not determine which spouse is more at fault for the breakdown of the marriage. In its divorce decree, the court can only determine whether one spouse or both spouses are at fault for the breakdown.
The first option requires proving during the proceedings that one spouse is 100% at fault for the breakdown of the marriage, while the other spouse cannot be accused of any reprehensible conduct. These are, of course, exceptional situations. Much more often, it becomes apparent during the proceedings that each spouse contributed to the breakdown of the marriage. Even if one of them is significantly more at fault for the divorce, the other spouse is still to some extent at fault. For example, if one spouse’s fault consisted of moving out and abandoning the other spouse, the other spouse’s fault may lie in a passive attitude, in failing to take any steps to reestablish contact with their spouse and attempt to persuade them to return. Another example is marital infidelity, which, however, was preceded by the betrayed spouse’s earlier failure to fulfill their marital obligations.
In summary, the decision on how a divorce is to be handled in court is extremely important, as it can save the parties many years of unnecessary litigation and the associated emotional and financial costs. Once both parties have presented extensive evidence and the court has finally determined the fault of both parties, the outcome will be identical to that of a quick no-fault divorce.
