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No-fault vs. fault divorce

On Behalf of | Aug 17, 2018 | Domestic Violence |

Divorce is never a pleasant process to go through. While some couples are able to remain civil with one another and keep it simple, others can be downright nasty, sometimes taking years to navigate.

All states recognize no-fault divorce. In this type, a party can file a divorce complaint stating either “irreconcilable differences” or “irretrievable breakdown” as the cause. In layman’s terms, these are simply legal terms stating that the parties cannot get along. Neither party are required to prove fault, nor can either object to the filing. The only exception to this type of divorce is that in some states, the parties are required to have lived separately for a certain period of time prior to filing. Most of the time, these divorces can be navigated quickly and efficiently without costing the parties a large sum of money.

In the alternative, there are also fault divorces. Most states no longer allow the filing of this type. These are the cases in which one party claims that the opposing spouse caused the divorce by a wrongful action. It is the burden of the Plaintiff to prove fault, and it usually falls in one of five categories: Abandonment, adultery, sexual issues, prison, or cruelty. A fault divorce can be, and often will be, contested. This often results in extraordinary fees for both parties, as well as long periods of stressful negotiation attempts or trial preparations.

Divorce is a difficult life event, but the assistance of an experienced attorney can help form a solid plan of legal action to help navigate through it.

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