Legally, No Such Thing as Fault
Fault, as it relates to terminating a marriage, is no longer relevant. Under certain limited circumstances, the misconduct of either spouse may be brought to the attention of the court. The court may need to know this information to determine whether either party is wasting an asset or income by his or her conduct. If the living arrangements of the children are an issue and the alleged misconduct bears on either parent’s parenting ability, then it may be an issue. Misconduct of one spouse that causes the other to require health care or counseling is also important information for the court.