What You Need To Know About No-Fault And Fault Divorce

Posted on

The divorce rate is as high as ever, which means that divorce lawyers are as busy as ever. In the past you had to be able to prove that there was fault from at least one of the spouses to file for divorce. However, that changed in 1969 when a no-fault divorce law was introduced into the legal system. Here are some things you need to know about a no-fault divorce compared to a fault divorce.

What Is A No-Fault Divorce?

A no-fault divorce means that instead of trying to prove that one person did something to ruin the marriage, the couple agrees that each of them no longer want to be married, without trying to prove that one person was wrong. The reason this is such a helpful thing for some couples is that they simply don't want to be married anymore without any real reason except they have irreconcilable differences. When you opt to file a no-fault divorce, you generally agree to divide the estate evenly or based on the terms of the prenuptial agreement.

The advantages of a no-fault divorce are that you don't have to prove anything. You don't have to prove infidelity, abuse, abandonment and so forth. Instead, you can just file for a divorce and the divorce will be granted. This can save you a lot of time, meaning the divorce could be settled quicker, and could save you money in legal fees.

What Is A Fault Divorce?

In order to prove that you deserve a fault divorce, you actually have to be able to prove that one spouse caused the failure of the marriage. This does not mean that you can simply attack each other; there are only certain things that the court sees as a fit reason for a fault divorce. Those reasons are abandonment, infidelity, abuse, incarceration or the inability to have a physical relationship with their spouse. When you make a claim that your spouse did one of these things, you have to be able to prove it. You need documentation, recordings, police reports and so forth to prove that one or more of these acts took place.

You would likely want to file for a fault divorce so you could get more money from the estate. If it were determined that you were wronged by your spouse, then you are more likely to get a better settlement since you were the victim. However, a fault divorce can take longer and can be more expensive to file.

By understanding what the differences between a no-fault and fault divorce are, you can know what type of divorce is the best option for you. Visit a family lawyer at Lynn Valley Law for more information.