Did you know there are technically two different types of divorces including fault and no-fault? If you have irreconcilable differences in your marriage, the divorce would be considered a no-fault divorce. No-fault divorces do not require either spouse to provide a specific reason as to why the marriage has ended. If, on the other hand, the divorce is deemed as a fault divorce, reasoning for the end of the marriage must be provided. Even still, some people struggle to understand the difference between the two.
What is a No-Fault Divorce?
The only requirement for a no-fault divorce is a statement that the couple cannot get along, and the marriage cannot be repaired. It won't matter if the opposing spouse objects to the claim of no-fault, it is still considered as irreconcilable differences.
Some states require the couple be separated for a specified amount of time before the divorce papers can be filed.
No-fault is the easiest grounds because neither spouse is required to testify in court. The only thing that would be required is residency specifications and other state laws deemed in the specified area where the couple resides.
When Exactly Is a Divorce Considered a Fault Divorce?
Fault can be issued on a spouse, which occurs in approximately two-thirds of the divorces in the United States. Some of the most common reasons include abandonment or desertion, adultery, felony convictions, insanity, and substance abuse. Abuse or cruel treatment, whether it is emotional, physical or mental cruelty, is also a grounds for a fault divorce.
Other issues could involve situations whereas the spouse wasn't capable of having sexual intercourse, or they contracted an infection from a sexually transmitted disease (STD) while still active in the marriage. If the spouse's behavior was the grounds for the divorce, the offended party might receive a larger share of the funds as well as alimony awards from the marriage.
No-Fault Divorce Possible Defenses
If the act has been forgiven from adultery within the marriage, condonation or condonance as it is sometimes referred to as the defense. Connivance can also prevail as an adultery defense because the complaining party agreed and possibly participated in the infidelity action.
Divorce proceedings are a complicated process for many couples. It shouldn't need to hurt more than it already does. Therefore, it is much better to choose the no-fault process versus the fault process that needs to be proven in a courtroom. Talk to a lawyer, like Law Office Of Les Downs, for more help.
