What Is Meant Legally When Filing for Divorce Using Fraud As Grounds?

Understand fraud as a grounds for divorce.

Although most states maintain no-fault divorce laws, in some isolated instances a divorce is brought alleging wrongdoing on the part of one of the spouses. Fraud is one type of misconduct used as grounds in divorce cases in some jurisdictions.

Features

A fraud allegation as a grounds for divorce means a spouse deceived the other in order to induce a marriage.

Material and Substantial

The alleged fraud must be material and substantial. An example of material fraud is a woman who tells a man she is pregnant when she is not to coerce him to marry her.

Reliance

The individual induced by the fraud to marry could not reasonably detect the fraud at the time it occurred.

Detriment

The defrauded individual needs to suffer substantial harm. Actually marrying in reliance on the fraud is sufficient.

Warning

If you want to allege fraud as a grounds for divorce, consider hiring an attorney to represent you. A divorce founded on fraud is more challenging than a more traditional no-fault divorce action.

References

• "The Divorce Organizer & Planner"; Brette Sember; 2004
• "Essential Guide to Divorce"; Emily Doskow; 2008
• Divorce Dictionary: Fraud

Resources

• American Bar Association: Section of Family Law
• Cornell Law School: Divorce Overview