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What are the differences between fault and no-fault divorces?

On Behalf of | Oct 21, 2024 | Divorce

Deciding to end a marriage is difficult, but understanding the type of divorce to pursue is essential. The two main types are fault and no-fault divorces. Each has unique features, requirements, and implications for the spouses involved.

Fault divorce explained

A fault divorce occurs when one spouse blames the other for the breakdown of the marriage. Common grounds for a fault divorce include adultery, cruelty, abandonment, or substance abuse. The spouse filing for divorce must provide evidence of the wrongdoing, which can make the process longer and more contentious.

Fault divorces can affect the division of assets and custody decisions. Courts may favor the spouse without fault when determining property division or child custody. Fault divorces are less common today due to the availability of simpler, no-fault alternatives.

What is a no-fault divorce?

A no-fault divorce allows spouses to end their marriage without blaming either party. The most common reason cited is irreconcilable differences, meaning the couple can no longer get along. In a no-fault divorce, neither spouse must prove wrongdoing, which often makes the process faster, less costly, and less emotionally draining.

No-fault divorces are now available in every state, making divorce accessible for those who want to avoid a lengthy battle. Because no one has to prove misconduct, these divorces tend to foster a more cooperative environment, especially when children are involved.

Choosing between fault and no-fault divorces

The choice between fault and no-fault divorces depends on the circumstances of the marriage. Fault divorces can lead to better outcomes for the spouse who suffered due to misconduct, while no-fault divorces focus on ending the marriage amicably. Couples should weigh the emotional and financial impact of each option before making a decision.

No two marriages are the same, and neither are divorces. Consulting with a knowledgeable attorney can help determine the right course of action based on individual needs and circumstances.