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The following article was published in our article directory on March 26, 2012.
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What is the DIfference between No Fault Divorce and Fault Divorce

Article Category: Advice

Author Name: Lawrence Reaves

There are two main types of divorce recognized in every U.S. state; no-fault and fault. Fortunately no-fault is the most common and within the number of no-fault divorces about 95 percent are uncontested.

A no-fault divorce simply means that it is not necessary for the spouse who is filing for a divorce to prove that it is the other spouse's fault that the situation has arisen. The only requirement, according to state law, is that there must be a reason given that complies with those set down in law. The two most frequently quoted reasons are irreconcilable differences and irreparable breakdown of the marriage. The partner of the person filing for divorce cannot object to the reason because quite simply if they did then the court will immediately state that there obviously is irreconcilable differences.

While every U.S. state recognizes no-fault divorces; New York was the last state to adopt this type of divorce in 2010, divorce laws are made at state level rather than federal level and therefore there can be differences in procedures and requirement. For example, in Alaska a person does not have to reside in Alaska to file for divorce, but in Virginia the person filing for divorce must have resided in Virginia for at least six months. It is also usual that a state will require the couple to have lived separately for period of time; in Virginia it is six months.

The purpose of this is to effectively provide a cooling-off period. Sometimes a serious argument will result in the couple separating, but give them a period of time to cool down and often they find they can resolve the issue. Without this cooling-off period there would be couple getting a divorce that they wish they had never had.

Fault divorces are far less common that no-fault divorces. To request a fault divorce the spouse filing for divorce must be able to state what the fault was. Examples of reasons for fault divorces include adultery, prison, abuse or even the inability of a spouse to have a sexual relationship.

In the case of a fault divorce, it is not necessary for the parties to have lived apart for any length of time. Additionally, a fault divorce will often end with spouse who isn't at fault getting a larger proportion of the joint assets; indeed this is said to often be one of the reasons a person will choose a fault divorce.

It is often the case that when one spouse files for a fault divorce, the other party also files for a fault divorce. This of course is when problems begin to occur. At the court hearing both parties have to state their case and the court will ultimately decide which party is more at fault. The procedure for this type of divorce is called comparative rectitude. It was specifically set up so that a court cannot disallow a divorce.

While you can usually file for divorce in any state, subject to the requirements, it is sensible to always file in the state where you reside.

Keywords: divorce, marriage, law, family, relationships

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