FREE CONSULTATION NOW! • HURRY LIMITED SLOTS!  •  FREE CONSULTATION NOW! • HURRY LIMITED SLOTS!  •  FREE CONSULTATION NOW! • HURRY LIMITED SLOTS!  •  FREE CONSULTATION NOW! • HURRY LIMITED SLOTS!  •  FREE CONSULTATION NOW! • HURRY LIMITED SLOTS!  •  FREE CONSULTATION NOW! • HURRY LIMITED SLOTS!  •  FREE CONSULTATION NOW! • HURRY LIMITED SLOTS!  •
Call Us:
divorce lawyer free consultation near me

What is a No Fault Divorce?

Categories

Recent Posts

Google review 4.8 over 5 from customers
5 start rating from Avvo
Call Us Today!

Learn what the distinctions between a fault and no-fault divorce are and how they can affect your divorce case.

To rebuff notions of fault in divorce cases, each state has now accepted some type of a “no-fault” divorce, in which enables couples to terminate their marriage without disclosing their details in court. The following post gives you an overview of the differences between fault and no-fault divorces.

What Are No-Fault Divorces?

“No-fault” divorces are in reference to a divorce on the basis of “irreconcilable differences” or “irretrievable breakdown of the marriage.” These are just elaborate ways of stating a couple is unable to get along and there’s zero chance for reconciliation.

When filling-out your petition (legal documents) for divorce in no-fault states, you just let the court know you’re pursuing a divorce on the basis of irreconcilable differences; you don’t have to let the court what led-up to the divorce or demonstrate that your divorce is your spouse’s fault. In no-fault divorces, there’s isn’t a need to assert that your spouse engaged in misconduct, since courts won’t consider either spouse’s bad behavior when deciding if they should grant the divorce.

A lot of states now have laws that permit for pure no-fault divorces. Those that don’t, allow for some alteration of one. Arkansas and Louisiana, for instance, still don’t acknowledge “irreconcilable differences” as a reason for divorce. Before, in those states, you had to demonstrate your spouse’s fault prior to a court granting a divorce, but that isn’t the case anymore. Even in the states that don’t acknowledge irreconcilable differences, couples may still get a divorce based on grounds of “separation.” When you both want to avoid claiming fault in these states, you can that by proving that you have been separated for the required time period.

What Are Fault Divorces?

Around 2/3rds of states still permit spouses to claim fault as the reason for a divorce. In fault-based divorces, one spouse might contend that the other did something that was the cause of the marriage failing. Every state has a distinct set of “fault” grounds, however, many of the more general grounds are:

  • infidelity
  • desertion
  • alcohol and/or drug abuse, and
  • a felony conviction.

Can a Spouse Successfully Prevent a Divorce?

In a no-fault divorce, one spouse cannot prevent it, as disputing the divorce request is considered an irreconcilable difference.

Defenses to a Fault Divorce:

  1. Condonation: Implies one spouse’s acceptance of the other’s actions, such as infidelity, as a defense against divorce allegations.
  2. Connivance: Involves setting up a situation that leads the other spouse to commit a wrongdoing, like enticing a lover to prove infidelity.
  3. Provocation: Argues that one spouse instigated the other’s specific act, such as desertion.

Collusion: In states where a no-fault divorce requires a long separation, couples might fake fault to expedite the process, known as collusion. However, this is rare and involves significant time and expense.

Realistic Considerations:

  1. Witnesses and Resources: Proving defenses requires time, money, and witnesses.
  2. Potential Ineffectiveness: Court policies favor granting divorce when a marriage is irreparable.

In practice, these defenses are rarely used due to practical challenges and the prevailing public policy favoring the freedom of individuals to end a marriage they no longer wish to sustain.

How Can Fault Affect a Divorce?

Courts might consider marital wrongdoing in one or more of the below ways.

Fault as an element in granting divorces. In fault states, spouses are able to still claim misconduct as the grounds for their divorce.

Fault as an element in the division of property. A court might consider either spouse’s bad misconduct as an element in the division of property. For instance, if one spouse squandered marital funds on an adulterous affair, the court may award a larger portion of the marital property to the blameless spouse.

Fault as an element in awarding spousal support. Likewise to the division of property, fault can also have an influence on spousal support awards.

Source:

  1. Lina Guillen, A. (2021, May 14). No-Fault Versus Fault Divorce. www.divorcenet.com. https://www.divorcenet.com/resources/divorce/divorce-basics/no-fault-versus-fault-divorce.htm.

Print Friendly, PDF & Email

Related Post