What usually follows this statement is a comment that he or she is the one who “wronged” me and so he (or she) should have to bear the expenses for the divorce and I should not have to alimony because of that. Many people, rightly or wrongly, would like to go back to the “old days” when you did have to prove “fault” to get a divorce and the spouse’s comparable fault could be considered by the Court when making an award.
The court system came a long way when reform was introduced and courts were specifically instructed NOT to consider fault when making awards for equitable distribution or alimony. There was too much room for wild distortions and varying results depending upon which judge and which courtroom you entered. It was chaos. To introduce some uniformity, the statutes were created to provide guidelines and to try to eliminate the wide disparities. So, “No,” the court does not consider which party is to “blame” for the divorce.
However unjust this may seem on its face, making that element part of the process only makes the divorce that much more difficult, emotional, and costly. For this reason, it is invaluable to you as a litigant to have an experienced litigator by your side who can give you practical advice and direction on the Court and what the best approach is for your situation. Posted by Elizabeth A. Calandrillo, Esq.