There are two main types of divorces. First, you have the no fault divorce. This is one of the most common types of divorce. However, there is also a fault divorce. Not all states accept this type of divorce. However, it could be a good option for you. Learn everything that you need to know about the differences between fault and no fault divorce.
Understanding No Fault Divorce
When you want to divorce your spouse without proving that he was to blame, you file for a no fault divorce. In the proceedings, you don’t need to prove any type of fault. You do need to give the court a legitimate reason for your divorce. As long as the state recognizes your reason, then there it will honor your divorce.
There are two main reasons for a no fault divorce. The first reason is “irreconcilable differences.” Secondly, there is the “irreparable breakdown” of your marriage. If you list either reason, then you are telling the court that your relationship cannot work. You and your spouse tried to fix the relationship. However, you were unable to do so. The court takes you at your word. In court, you don’t need to prove why you need a divorce.
For some, the allure of a no fault divorce is the inability to object to the divorce. If your partner objects, then the court won’t change things. Whether or not your partner agrees, the divorce process will continue.
What States Offer No Fault Divorce?
For decades, most states have recognized no fault divorce. Since the 1980s, all states got on board with no fault divorces. If you live in the US, then you can get a no fault divorce.
There are a few differences between state laws and no fault divorce. Specifically, some states require you and your partner to have a period of separation before you file for divorce. Some states only require a short time, while others require a longer time. It all depends on your state’s specific requirements. After the separation, you and your partner can file for divorce.
Understanding Fault Divorce
Although no fault divorces are quite common, fault divorces are not very frequent. Depending on where you live, you might not even be able to file for a fault divorce. Some states only allow no fault divorces. States that do allow fault divorces require that you can prove that your spouse did something that warranted a divorce. For example, you need to prove that he cheated on you or abandoned you. Other reasons for a fault divorce include imprisonment, emotional or physical pain, and the inability to have sex. If you can’t prove that your spouse acted in a way that meets the fault divorce requirements, then you cannot file for a fault divorce.
The Benefits of Fault Divorce
There are several benefits to filing this type of divorce. Here are a few of them;
1. No separation requirement
If you file for this type of divorce, then you and your spouse do not need to live separately. Instead of waiting several months to file for divorce, you can do so immediately. Every state that honors fault divorces allows an immediate filing.
2. A better outcome
If you can prove that your spouse is to blame for your failed marriage, then a fault divorce could get you a better outcome. For example, a judge might give you more property or more alimony. Often, one spouse does better than the other in this type of divorce.
Is One Option Better Than Another?
If your spouse acted in a way that made you want a divorce, then a fault divorce could be a better option. The results of your divorce could be more in your favor. However, your state might only offer a no fault divorce. In this case, you might want to see if you qualify for a divorce in a state that does recognize fault divorces.
Filing in Another State
If you have residency in multiple states, then you can choose where you file. However, the residency requirements vary. Some states require that you live in the state for a certain amount of time before you file. In Alaska, Washington, and South Dakota, you can file once you have residency. You can choose to file in a state that recognizes the type of divorce that you want.
That said, you should be cautious. If you file in one state, then you need to travel to that state for all your court appearances. This includes traveling there to make any changes to your divorce agreement.
Making the Most of Your Divorce
If you need a divorce, then you should speak to a lawyer. He can give you advice on which type of divorce would benefit you the most. Additionally, he can explain how your state’s laws will impact your divorce. With his help, you can get the results that you want.