Spousal Imprisonment is one of the grounds for divorce allowed in those jurisdictions that still allow petitioners for divorce to allege fault when they file for divorce. Generally, the requirements for imprisonment as a ground for divorce can include
- Incarceration has to be for a specific length of time, at least one year
- Crime must be a felony or heinous in nature
- Crime may be against spouse petitioning for divorce
- Right to petition under this ground is for the “innocent spouse”
- Parties have not co-habited or had conjugal visits.
Fault grounds for divorce are what they imply that one of the parties through their actions or inaction caused the dissolution of the relationship. Some litigants allege fault grounds because they believe this will give them an advantage in custody, child support property and alimony issues. Usually court will hear the fault issues if they relate to a spouse’s ability to parent, a party’s ability, or inability to pay support or the need for alimony regardless of whether they are alleged in the divorce petition.
Competent legal counsel will advise whether pursing a divorce on fault or no-fault grounds is advantageous to your case. Experienced Family law practitioners will have knowledge of the judge or master that may hear your case especially in those jurisdictions that allow for jury trial in divorce. Alleging fault grounds could be used to bargain for better terms if the parties are attempting to negotiate a settlement of their issues before going before the court.
Alleging fault in a divorce no matter what ground is used will increase the amount of time it takes to get a divorce especially if the respondent disputes the fault grounds. In such cases a hearing before a judge is required to present proof of the fault alleged.
