Divorce is never an easy process, both emotionally and legally. In Louisiana, there are two methods through which one can obtain a divorce – no-fault or fault-based. In no-fault divorce, couples can dissolve their marriage without proving any wrongdoing. On the other hand, fault-based divorce is where one spouse is held responsible for the end of the marriage due to misconduct or behavior that is deemed harmful to the relationship. In this article, we will discuss the pros and cons of fault-based divorce in Louisiana.

Pros of Fault-Based Divorce

Greater division of property

One of the benefits of fault-based divorce is that it can lead to greater division of property. If a spouse is found to have committed marital misconduct, such as adultery, physical or mental abuse, or abandonment, they may not receive as much property as the other spouse. This is because Louisiana law allows the court to take fault into account when dividing property.

Alimony

Similarly, fault-based divorce can also affect the awarding of alimony. If one spouse can prove that the other is at fault for the marriage breaking down, the court may award more alimony to them. Again, this is because fault is taken into consideration in Louisiana law.

Emotional satisfaction

For some people, fault-based divorce can be emotionally satisfying. It provides a way for one spouse to hold the other accountable for their actions that led to the end of the marriage.

Cons of Fault-Based Divorce

More difficult to prove

One of the biggest challenges with fault-based divorce is that it can be more difficult to prove. The spouse who is alleging fault must provide evidence to the court to support their claim. This can involve gathering documentation, obtaining witness statements, and testifying in court. It can be a long, drawn-out process that can add to the stress of an already difficult situation.

Cost

Due to the additional evidence required, fault-based divorce can also be more expensive than no-fault divorce. The cost of hiring attorneys, private investigators, and other professionals to gather evidence can add up quickly.

Increased conflict

Since fault-based divorce requires proof of marital misconduct, it can often increase the level of conflict between spouses. This can be particularly difficult if there are children involved, as they may be caught in the middle of a bitter legal battle.

Prolonged healing process

Another downside of fault-based divorce is that it can prolong the healing process for both spouses. Going through a legal battle can be emotionally draining, and it can take longer to emotionally recover from the end of the marriage.

Conclusion

In conclusion, while fault-based divorce can have some benefits, including greater division of property and the possibility of more alimony, it also comes with significant drawbacks. It can be more difficult and expensive to prove, can increase conflict between spouses, and can prolong the healing process. Ultimately, whether to pursue a fault-based or no-fault divorce is a personal decision that should be carefully weighed with the assistance of an experienced attorney.