Can fault still be found in a no-fault divorce state?
3 attorney answers
Fault may not be considered in a divorce unless there has been marital waste( dissipation of marital assets for a non marital purpose) with financial issues such as gambling or drug expeditures. Depending on the issue, it could also be considered in custody and placement if it affects the best interests of the child. Adultery is not a fault that is considered in a divorce action unless marital assets may have been used for travel, hotels and dining. Then, the amount of expenditure may be pulled back into the marital estate for division.
No, the court will not decide fault in a divorce in terms of awarding more (or less) property to one party or support. However, actions of each party may be relevant in terms of the court deciding placement of the children - but even there, it is anything regarding the children and their best interest. Another area that a party's action may be relevant is in serious mishandling of finances - called 'marital waste' in WI where one party discovers significant spending on things that were not for a marital interest - such as gambling, spending money on third parties, etc. Again, it would have to be significant spending/debt issue for the court to consider it the 'fault' of one party (they don't call it that). I changed the practice area as your question relates more to general divorce and not uncontested. Uncontested means everyone agrees and there are no disputes. If there is a question of fault or one party's actions, then it would not be uncontested. Hope this helps.
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