Legal Blog

Filing For a Fault-Based Divorce

shutterstock_141473581Grounds for divorce in Maryland fall into two categories: fault or no-fault.  Couples may choose to file for a no-fault divorce because the entire process is easier, and usually, involves the execution of a Property Settlement Agreement.  When a spouse commits adultery, deserts the family, commits cruelty, or is convicted of a crime under certain circumstances, an attorney can help evaluate whether the divorce should be based on a fault ground.  A fault-based divorce can affect the following:

Property/Monetary Award

As the court evaluates the factors it must consider when making an equitable division of marital property, it must consider what led to the breakup of the marriage (fault).


When the court considers alimony, one of the many factors the court is required to consider is what led to the breakup of the marriage (i.e., fault).  It is only one of many factors and generally, economic factors are more weighty.


The custody of a child may be, but is not necessarily, affected by fault.  The analysis will revolve around what is in the best interest of the child.

Making the decision to allege fault-based grounds can sometimes be a difficult one. This is why it is important to talk to a divorce attorney. An experienced attorney will help you make the best choice and learn to expect from both a fault or no-fault divorce.  If you’d like to discuss your options, please contact Linda Sorg Ostovitz at or telephone (301) 575-0381.



Linda Sorg Ostovitz is a family law attorney. Her legal experience spans more than 34 years. In this time, she has served as a leader, educator and advocate. Mrs. Ostovitz holds a prestigious fellowship in the American Academy of Matrimonial Lawyers. Currently, she serves as President for the Business Women’s Network of Howard County, by which she was chosen Woman of Distinction for 2014. Mrs. Ostovitz represents clients in Howard, Anne Arundel, Carroll and Baltimore Counties. Her practice focuses exclusively on divorce litigation and mediation, child custody and access, child support, alimony, business valuation, as well as property and asset distribution. In addition to providing legal representation in court, Mrs. Ostovitz provides mediation services to help families come to a fair and legally-sound conclusion outside of the traditional court proceedings.



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