No Fault And Fault Divorce - What Is The Difference
There are two basic types of divorce, ‘Fault’ and ‘No-Fault.’ Depending on what state you live in either may be available to you. No-Fault is a fairly recent addition that you are able to apply for - but not all states recognize it. You will have to find out if your state is one of them who do. ‘Fault’ divorce used to be the common filing - encompassing adultery, abuse and even forced consent. Many couples though do not wish to place blame on their spouse, so for this reason the ‘No-Fault’ divorce was created.
If your state allows for a fault divorce it may affect issues such as alimony payments. Those states that use Fault divorce may not allow for the payment of spousal support if that spouse was unfaithful in the marriage.
In a No-Fault divorce there is no blame put on either spouse. If both spouses are in agreement, they only have to apply for divorce either online or through lawyers. A contested divorce might also be No-Fault, but there will be a more complicated process to the end the marriage. There is no need to prove that anyone did anything wrong, just that the spouses have decided they no longer wish to be together. The main reason is ‘irreconcilable differences’ and usually the couple have to live apart for a time - you must check with your state to see the term.
A Fault Divorce is where one partner is cited as the one to blame for the end of the marriage. When applying for this type of divorce, the spouse asking for it must prove their spouse committed an act that constitutes marital misconduct.
Some reasons a Fault divorce can be granted are adultery, imprisonment, cruel and inhuman treatment, abandonment, one spouse refusing to have sexual relations with their partner and continuous lockout.
Doing your research on what your state allows will help you through the process easier. Approximately a third of all states still use ‘Fault’ divorce and do not recognize ‘No-Fault.’ You must also live in your state and be able to prove residency before proceeding with any divorce filing.
Marcy Burlock is an establish writer with experience about the divorce related matters. She currently shares her knowledge on Clivir.com where you can find more lessons about Free Divorce PaperWork and Where to Find a Good Divorce Lawyer.
Click the XML Icon Above to Receive Divorce Articles Via RSS!
