Categories of Faults in Divorce Cases
Severe Incompatibility
Constant disagreements between spouses, words that hurt each other, severe incompatibility can be a reason for divorce. Incompatibility must be long-term and permanent, and the spouses must not be willing to continue their relationship with each other.
Infidelity (Cheating)
One spouse cheating on the other can be considered a reason for divorce. Cheating is considered a serious fault that shakes the foundation of the marriage, and this situation can be effective in making a divorce decision. In addition, cheating can also affect alimony and property sharing.
Physical Violence
Physical violence that spouses use against each other is directly considered a reason for divorce. Physical violence by spouses against each other is considered a serious fault that requires divorce. In this case, the victimized party can request measures for protection.
Psychological Violence (Spiritual Violence)
Psychological violence behaviors such as constant humiliation, insults, threats and emotional abuse can also be a reason for divorce. Spiritual violence prevents the healthy continuation of the marital union and can be a reason for divorce.
Abandonment
A spouse abandoning the other may be a valid reason for divorce. Abandonment refers to the situation of leaving the house for a certain period of time without the consent of the other party. The abandoning party’s unwillingness to return and improve their relationship may be considered grounds for divorce.
Severe Alcohol and Substance Addiction
If one of the spouses falls into alcohol or substance addiction and this situation has negative effects on the marital union, it may be grounds for divorce. This situation seriously affects the sustainability of family life.
Attack on Life
A spouse’s intention to kill or seriously injure the other is a serious fault that will end the marriage. Such behaviors cause an immediate divorce case to be filed and are considered as serious faults.
Conduct Contrary to Marriage (Failure to Comply with Marital Obligations)
A spouse’s failure to fulfill their marital obligations, such as not doing housework or not looking after children, may also be grounds for divorce. Marriage requires mutual responsibilities and obligations, and failure to fulfill these can make marriage difficult.
Violation of Religious or Legal Obligations
The failure of one of the spouses to fulfill their religious or legal responsibilities, for example, having extramarital affairs, or not fulfilling legal obligations can also be considered grounds for divorce.
Economic Difficulties and Communication Problems Between Spouses
Economic difficulties and communication problems within the family can also lead to divorce over time. However, such problems alone may not be considered grounds for divorce, but when combined, they can trigger divorce.
The Fault Status of Spouses and Divorce
The evaluation of faults in a divorce case varies depending on whether the spouses are at serious or minor fault. The judge makes a decision by evaluating whether both parties are at fault and to what extent they are at fault. When one of the spouses is at serious fault, this situation may result in favor of the other spouse in terms of alimony, compensation, or property division.
Faults in divorce cases are based on the behavior of the parties and their attitudes towards continuing the marriage. While serious faults such as violence, infidelity, and abandonment can be direct grounds for divorce, smaller faults and faults related to disagreements can also create a situation that ends the marriage. When deciding on a divorce, the judge takes into account the faults and makes a decision that will protect the rights of the parties.
