What Is the Difference Between a Fault and a No-Fault Divorce?

Posted on : December 18, 2017
file for no fault or fault divorce with a lawyer's help

Many people are curious about whether or not they have grounds to file a fault or a no-fault divorce. In the case of a fault divorce, the person initiating the divorce claim alleges that the other person is responsible for ruining the marriage. 

Do you think that you and your former spouse are going to be able to agree on everything? Sometimes the answer to this question is quite simple- you know that there are going to be issues of contention. In other cases, however, you might be able to come to terms on the various issues about dissolving your marriage. How you proceed may depend on the laws in your state and whether or not fault-based grounds are allowed when you file.

While in a no-fault divorce, neither person is blamed for the dissolution of the marriage, the most common method through which people file a no-fault divorce is saying that they have irreconcilable differences. State laws vary significantly as it relates to fault and no-fault divorce. Some states have no-fault and fault grounds which is why it is always beneficial to schedule a consultation directly with an attorney.

Not all states will have the same exact grounds for fault-based divorce and whether or not they consider these fault-based grounds in determination of alimony and property division can vary as well. That is why the right attorney can help guide you through the process with a greater understanding of what is involved and what is in your best interests. Possible grounds for a fault based divorce include impotence, insanity, adultery, desertion or abandonment, substance abuse, infection with a sexually transmitted disease, incarceration and abuse. Certain states will require a particular type of language to be used when you file a no-fault divorce. This could be known as irremediable breakdown of the marriage, irreconcilable differences or saying that the marriage is irretrievably broken. What you pursue in your individual case depends on what you discuss with your divorce attorney. Scheduling a consultation directly with an experienced divorce lawyer can help you figure out what is truly in your best interests.

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