
What is Fault and No Fault Divorce?
What is Fault and No Fault Divorce?
When it comes to divorce, knowing the laws can be just as important as knowing you’re right. Laws and proof have far more weight than convictions. It’s unfortunate, but once you understand this basic idea you can save a lot of legal hassle and grief. One common question in divorce proceedings is the fault and no fault laws.
This article will answer many questions.
What is a no fault divorce?
What is a fault divorce?
What are the typical problems?
What are the differences?
Who can help explain the legal ramifications?
What is a no fault divorce?
All states allow this legal process, where both agree that the divorce is not caused by one spouse or the other. For example, you might say you simply do not feel the relationship is working. You may have differences which make it impossible to stay married. Note that these are not terrible words allowing for two people to part. In legal terms, one spouse does not have to prove the other spouse has done something wrong, but must say it in terms recognized by the state. These reasons for parting do vary from state to state, but are very similar. As all states use this form of divorce separation, it’s the most common.
What is a fault divorce?
As noted, state laws do differ on the reasons for differences, and this is particularly true with the fault divorce. Not all states allow the it to be used. It works much like it sounds: one or both spouses blame the other for the divorce because of some action. This may be cruelty, emotional and/or physician pain caused to one spouse by the other. One spouse may attack the other, or a variety of other scenarios.
Other Problems
There are many other cases for a fault divorce, enough to merit more of our time. Adultery is a very common cause, where one spouse has relations with others outside the divorce. Sometimes one spouse goes to prison for a long time, making the relationship too hard for the other spouse. It may even be that one spouse is no longer capable of making love to the other.
What are the differences?
As you can see, the terms sum themselves up. No fault is an even break for both spouses, while a fault divorce can be much more complicated. State laws do differ on points, such as whether fault divorces are even allowed. There are even cases where both parties are clearly at fault, such as both committing adultery, giving grounds for the judge to decide which spouse is least at fault and granting it to him or her.
Who can help?
Yes, divorce law is a lot tougher than deciding to part ways. Actually, it’s much easier than it used to be; whether that’s good or bad is for society to consider. There is much more to divorce law. If you have more questions, consult with an experienced divorce attorney. Get one with experience in handling divorce cases, who has time available to spend with you, and who you can afford.…