Fault Versus No Fault Divorce
If you are considering a divorce, you may have already realized that your circumstances don't quite fit in with the explosive conflict you've seen on TV and in movies.
Sometimes things just don't work out as anyone planned, and in many cases, people don't need a fight as much as they need a fresh start.
If you are considering divorce with your spouse, but feel that neither of you are at fault for the separation, you may want to consider filing for divorce on no fault grounds.
The petitioner does not need to prove that the other spouse committed wrongdoing.
In fact, most states accept no fault divorce as an option.
You will need to provide a reason or ground for the divorce, one that is recognized by your state, in your divorce petition.
Usually the divorce petition cites irreconcilable differences, incompatibility or irremediable breakdown of the marriage.
In some states, couples are simply allowed to state in their petition that they just don't get along the way they once did, or had hoped to.
Also, jurisdictions that accept no fault petitions usually ask the spouses to live apart for a fixed period of time (this may be months or years) before they become eligible for a divorce.
These conditions will vary depending on your state, and a local divorce attorney will be able to help you clarify requirements.
The biggest question you likely have about this option is how it would differ from a fault divorce option.
One of the major differences lies in the aforementioned waiting period.
Fault divorce does not usually have such a waiting period.
Some states will increase the amount of spousal support or property awarded if it is proven in court that one spouse or the other was at fault.
A small number of women's rights groups commonly argue that no fault divorce laws may unfairly penalize women, as marital assets are usually distributed more equitably, whereas in a fault divorce, more marital property tends to be awarded to the spouse less at fault.
In other words, they contend that a no fault divorce might nullify some of the award a spouse would have gotten had they claimed fault.
As with any major decision regarding your divorce case, you can consult a divorce lawyer [http://www.
totaldivorce.
com] to learn more about the no fault divorce option and how it would or would not benefit your specific situation.
Sometimes things just don't work out as anyone planned, and in many cases, people don't need a fight as much as they need a fresh start.
If you are considering divorce with your spouse, but feel that neither of you are at fault for the separation, you may want to consider filing for divorce on no fault grounds.
The petitioner does not need to prove that the other spouse committed wrongdoing.
In fact, most states accept no fault divorce as an option.
You will need to provide a reason or ground for the divorce, one that is recognized by your state, in your divorce petition.
Usually the divorce petition cites irreconcilable differences, incompatibility or irremediable breakdown of the marriage.
In some states, couples are simply allowed to state in their petition that they just don't get along the way they once did, or had hoped to.
Also, jurisdictions that accept no fault petitions usually ask the spouses to live apart for a fixed period of time (this may be months or years) before they become eligible for a divorce.
These conditions will vary depending on your state, and a local divorce attorney will be able to help you clarify requirements.
The biggest question you likely have about this option is how it would differ from a fault divorce option.
One of the major differences lies in the aforementioned waiting period.
Fault divorce does not usually have such a waiting period.
Some states will increase the amount of spousal support or property awarded if it is proven in court that one spouse or the other was at fault.
A small number of women's rights groups commonly argue that no fault divorce laws may unfairly penalize women, as marital assets are usually distributed more equitably, whereas in a fault divorce, more marital property tends to be awarded to the spouse less at fault.
In other words, they contend that a no fault divorce might nullify some of the award a spouse would have gotten had they claimed fault.
As with any major decision regarding your divorce case, you can consult a divorce lawyer [http://www.
totaldivorce.
com] to learn more about the no fault divorce option and how it would or would not benefit your specific situation.
Source...