No Fault Divorce vs. Fault Divorce - What these terms mean
No-fault divorces mean that the person filing for divorce doesn't have to prove that the other person did something to cause the end of the marriage.
Every state allows for no fault divorces.
They are another way of saying, "Hey...things just didn't work out here. It's no one's fault."
The other option is a fault divorce, which means one spouse cheated on the other, abused the other and more.
There are pros and cons to ending a marriage by filiing a no fault divorce.
Pros:
- Quicker, easier, and less expensive
- Less conflict
- Helps those in abusive relationships end a marriage without having to testify and prove of the abuse
- Only the filing partner needs to decide the marriage is over. The other partner may not be ready for divorce.
- There are residency requirements in some states if you file a no fault divorce.
- Spousal support can be trickier to fight for.
In the following states, no fault divorces are the only way to file for divorce.
- California
- Colorado
- District of Columbia
- Florida
- Hawaii
- Indiana
- Iowa
- Kansas
- Kentucky
- Michigan
- Minnesota
- Missouri
- Montana
- Nebraska
- Nevada
- Oregon
- Washington
- Wisconsin
Fault Divorce
If your state is not listed, then you can file for a fault divorce. That means one spouse is requestiing the divorce based on things the other person did.
The following are possible grounds for divorce:
- One-year separation
- Cruel or inhuman treatment
- Adultery
- Conviction of a felony crime
- Permanent and incurable mental illness
- Habitual addition to alcohol or drugs
- Desertion
- Abuse or neglect of a child of the marriage or of a stepchild.
Pros:
- During the separation period some spouses fix their relationship and do not divorce
- If the fault is found true against the other spouse, the judge may grant more in favor of you when discussing spousal support, child custody, child support payments, etc.
- During the required separation periods in some states, can be a waste of time if spouses do not put an effort
- The divorce process takes longer since some states require proof regarding the grounds of divorce
- Proving fault can be difficult
- Documentation collection can become expensive
- Increase of conflict between individuals and can affect children, if any
This article is intended to convey generally useful information only and does not constitute legal advice. Any opinions expressed are solely those of the author, not LawChamps.
-1601582715-25516-(1)-1601634939-72804-1-1605641762-37124.png)
"I was able to find just the right lawyer for my case. It was easy to use."
Lucy Coutinho
"Very easy for me to get connected with an experienced attorney."
Robert Knox Jr
"It was super easy. It was super fast and I got connected pretty quickly."
Lenasia Smalls
"It’s easy to register and match with a lawyer according to your legal [need]."
Triso Valls
Ready To Get Started?
Find Your Lawyer Now
Related Posts
My Ex Is Hiding Assets From Me
Susan R. Miller | 10 June, 2021
Have you lied to your partner about financial matters? If so, you are not alone. A study published earlier this year by Creditcards.com finds that “51 percent of mi...
Read More
-1621973129-40304.png)
Failure to Pay Child Support is a Federal Crime
Susan R. Miller | 25 May, 2021
Is your spouse failing to pay child support? If so, you are not alone. According to the U.S. Census Bureau, fewer than half (45.9 percent) of custodial parents who were s...
Read More
You want your kid to get the vaccine when it's availabl...
Scott Dylan Westerlund | 24 May, 2021
Right now, the CDC has approved the COVID vaccine for children aged 12-15. As of mid-May, at least 600,000 children have already received their first dose. Are you curren...
Read More
Related Posts
My Ex Is Hiding Assets From Me
Family, Divorce, Custody, & Child Support | 10 June, 2021
Have you lied to your partner about financial matters? If so, you are not alone. A study published earlier this year by Creditcards.com finds that “51 percent of mi...
Read More
Failure to Pay Child Support is a Federal Crime
Family, Divorce, Custody, & Child Support | 25 May, 2021
Is your spouse failing to pay child support? If so, you are not alone. According to the U.S. Census Bureau, fewer than half (45.9 percent) of custodial parents who were s...
Read More
You want your kid to get the vaccine when it's availabl...
Family, Divorce, Custody, & Child Support | 24 May, 2021
Right now, the CDC has approved the COVID vaccine for children aged 12-15. As of mid-May, at least 600,000 children have already received their first dose. Are you curren...
Read More