Marital Fault Not a Factor in Custody & Spousal Property Division in Most States But Maybe it Should Be

With so many parties wrecking their marriages with bad behavior that frankly sets a bad example for their children and disrupts the lives of these children after the ensuing divorce, it is any wonder that marital fault is not considered in custody and spousal property division.

This is true in most states. It does not matter whose fault the divorce is, the courts do not consider fault when awarding custody or splitting up property. This is unfair. Because if one party has kept their side of the marital bargain (no adultery, no drugs, cooperative, above reproach) and the other party is a daggone scoundrel who just disrespects their marital vows and skirts their familial responsibilities in one way or another, then arguably that person should be brought to heel and should be disciplined and should feel some extra pain if the marriage implodes on account of his or her bad bahavior.

And in doing so, this will curtail divorces because other spouses inclined to the same or similar behavior will think twice and will be deterred because they know there will be consequences to their behavior.

Not considering marital fault in divorce is a big, huge, mistake on the part of the nation’s courts.

 

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