Types Of Divorce: Fault And No-Fault

Family Lawyer

In some states are two types of divorce: fault and no-fault. A no-fault divorce decree can be entered into fairly easily on the grounds that there are irreconcilable differences or the union is irretrievably broken. In such a case, both spouses would have to agree to that in order for it to move ahead smoothly.

A fault divorce requires proof that the other spouse has participated in one of six undesirable behaviors during the marriage. They are imprisonment, desertion, adultery, bigamy, indignity, or cruel and barbarous treatment. In some of these divorce cases, the defendant will fight the decree, so proof must be made.

The Benefits of Proving Fault

Though some couples can get through a divorce amicably and without pointing fingers, there are others who just can’t do it for one reason or another. If your case calls for proof, there are some benefits you could take from it. They include:

  • A Quicker Settlement – If you can easily prove fault in the other spouse, the final divorce decree may be settled more quickly, allowing you to move on with your life.
  • More Favorable Custody Agreements – If there are children involved in your divorce and you are able to prove fault in the other spouse, you may end up with a more favorable child custody arrangement since the other person unnecessarily dissolved the relationship.
  • More Favorable Financial Support – Whether you’re seeking spousal support, child support or both, proving fault can sometimes play a big role in helping you get what you feel you’re entitled to.
  • More Favorable Asset Distribution – If you have assets that need distributing, such as a house, bank account or real estate, proving fault could give you a more favorable outcome in obtaining what you deserve.

Getting Professional Help

If you or your spouse plan to file for divorce, consider your options. A no-fault divorce might be a quicker way to settle the situation, but you could end up with less than you feel you deserve. A fault divorce might give you a more favorable outcome, but it could be more difficult to prove. In any case, getting the help of a professional is the first step you should take. Dealing with divorce on a regular basis, your family lawyer can help you determine how to proceed.

Contact a Lawyer Today

Whether you’ve just been served or plan to file yourself, know that proof doesn’t have to be given for a successful divorce, but it could offer some benefits. For help with your divorce, contact a family lawyer today.

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