Fault Or No-Fault: What Kind Of Divorce Will You Have?
When a relationship dissolves, fault can point the finger at a spouse. In recent times, however, no-fault divorce has become more common recently, and that is probably a good thing for most. No matter which state you live in, divorcing parties have the option to go with a no-fault divorce. However, a fault divorce may be more appropriate for some. To learn about how fault and no-fault divorces differ, read on.
With this type of divorce, you must prove not only bad behavior but that the behavior led to the dissolution of the marriage. Fault divorces can be lengthier and more expensive. That is because you are bringing new evidence into the case, and that can call for courtroom hearings, testimony, subpoenas, and more. It's worth noting that if you are leaning toward a fault divorce, check with a lawyer to make sure that your state is one of those that allow it. For a better idea of what is meant by fault, here are a few common examples:
- Adultery – Having a romantic/sexual relationship with a person outside of the marriage.
- Incapacity – When one spouse is unable to be a partner due to mental disorders or medical conditions. For example, if one of the parties is in a vegetative state, that can be a type of fault.
- Cruelty – Abuse, whether physical or mental.
- Incarceration – Being confined to prison.
Why Choose Fault?
While some people are angry enough at their spouses to arbitrarily choose a fault divorce, some have other reasons. In some cases, they do so because a no-fault divorce might require a waiting period which makes everything take more time. Also, fault can greatly affect the way property and debt are divided, not to mention how it can affect child custody and visitation decisions.
It's safe to say that almost all divorces now are of the no-fault variety. No-fault divorces are simpler, faster, less stressful, and cheaper. No one has to prove anything because both parties are entitled to a divorce for the most basic of reasons: they no longer wish to be married. Nearly all no-fault divorce petitions will indicate that the marriage has broken apart because of:
- An irretrievable breakdown.
- Irreconcilable differences.
- Incompatibility between the parties.
- Matters like property and child custody, as far as a no-fault divorce is concerned, are decided on the community property or equitable distribution laws of the state.
If you are still wondering which form of divorce is right for you, speak to a divorce lawyer to find out more. Reach out to a local law firm, such as North Metro Litigators, to learn more.