Many emails arrive here questioning fault and no fault divorces, so here you go:
A “No Fault” divorce is one where the spouse who is suing for divorce does not have to prove that the other spouse did something wrong. All states allow divorces no matter who is at fault but they differ in what is recognized by the specific state.
Some states only require a statement that the couple can’t get along. This is often called “irreconcilable differences.” There are however, some states that require that the couple lives apart for a certain number of months or even years in order to get a no fault divorce.
If there has been significant wrong doing by one of the spouses, some states still require a no fault divorce to be filed. In other states, the spouse filing can select either a no fault or a fault divorce.
Often the reason for filing a fault divorce instead of a no fault divorce is because one of the spouses doesn’t want to wait for the period required for separation in their state.
In addition, some states offer a larger portion of the marital assets and or alimony to be awarded to the victims if they prove any of the following:
- cruelty which involves emotional or physical pain inflicted-this is the most common used ground
- adultery
- desertion for a specified length of time
- confinement in prison for a specific number of years
- a physical inability to engage in sexual intercourse, if it had not been disclosed before marriage.
So before you take action, please do some homework to find out the divorce laws for your state.
Photo by Tillman5950
