No Fault Divorce
No-fault divorce is the blanket process that allows married couples to easily dissolve their marriage at their choosing. These types of divorces are available in every state. It is the most common type used in the United States today.
Although some states call it by different names, it all means the same thing. No one has to take responsibility for the end of the marriage. The marriage simply ends without further discussion. In some states these grounds are called irreconcilable differences and yet others call it irretrievably broken. In fact, there are some states that don’t allow fault divorces at all anymore.
This may be a great thing for some people. You can go into a marriage knowing full well how easy it is to obtain a divorce. Many people have this laxidasical attitude towards marriage. It gives no incentive for couples to work out their problems.
The laws that surround a no-fault divorce can vary greatly from state to state. Some states have little to no requirements prior to filing for a divorce on these grounds. Other states have a waiting period and the spouses must live separately for a specific amount of time. This could be a few months and reach as high as two years. This at least gives the husband and wife the opportunity to work things out. Sometimes, if given enough time, minds can change and the couple have a chance to fix the problems that caused the separation in the first place.
It is important to consult a lawyer when seeking a divorce. Even if you are getting a no-fault divorce, there are many issues that have to be resolved before the divorce can be finalized. It might help to know if there are fault divorces in your state to see if they might better suit your needs. A lawyer can explain all of your options so that the law works as much for you as possible.
The no-fault divorce style leaves little hope for the person in the marriage that chooses not to end it. The only thing that the filing husband/wife has to prove incompatibility as the grounds for divorce. In this case, if the contesting husband/wife actually contests the divorce, it, in some twisted way, shows the court proof of the incompatibility.
Fault grounds for divorce in some states include such things as adultery, conviction of a felony of one spouse and subsequent incarceration, abuse, cruelty and abandonment to name a few. Some states have as many as thirteen fault grounds for divorce. If one spouse is found guilty of the grounds, his/her husband/wife can be entitled to a larger settlement amount. This can also drag out the proceedings and they can become quite lengthy. It all depends on the person who is at fault and whether they will agree to the divorce on these grounds.
Fault divorces can be better because of the length of time it will take to get the final decree. Fault divorces can often be settled far more quickly than a no-fault divorce if you live in a state that requires a two year waiting period for a no-fault action.
Divorce can be a very messy situation no matter what grounds you file for. When children are involved it gets even stickier. Children often become pawns in a game they don’t understand. One parent uses the children to punish the person seeking a divorce. The other parent then finds ways to get even. The kids don’t understand it. All they know is that they don’t want to be a part of it.
It is in the best interest of everyone involved to attempt to repair the damage. Seeking marriage counseling can save the union and a lot of money as well. It is worth the effort to try to repair your marriage.