In the United States, around 40 to 50 percent of first marriages end in divorce.
When marriages end, the hardest part is often negotiating custody structures for children and dividing shared property. Marriages end for many reasons, but getting a divorce does not have to involve blame.
No matter how much you may want to, staying married is no longer an option for you and your spouse. This could mean your marriage ended due to divorce. When selecting a divorce option, you may be asking yourself, is no fault vs divorce an option?
No-fault divorces can be beneficial for separating couples, but divorcing couples often wonder what that means. They want to know what happens to shared property and custody when both spouses are innocent.
Keep reading to learn the main differences between no fault and fault divorce.
Impact On Settlements And Asset Distribution
No-Fault vs Fault divorce can have a big impact on settlements and asset distribution. In a no-fault divorce, irreconcilable differences are considered grounds and no person is held accountable for the breakdown of the marriage. In a fault divorce, the court will consider the circumstances surrounding the divorce before equitably dividing the assets and properties.
Settlements can be more significant in a fault divorce since the court can allocate assets more to one party based on the circumstances. Whereas in a no-fault divorce, the assets are divided equitably. In terms of asset distributions, a fault divorce is more complicated than a no-fault divorce.
What is No Fault Divorce?
No Fault Divorce is a simplified process of termination of marriage that does not require assigning blame to one party or the other. This is often faster and less expensive than fault divorces and is granted when both parties agree to the divorce. Fault Divorce requires one of the parties to take responsibility and place blame on the other.
The court must then prove the allegations beyond a reasonable doubt before the divorce is granted. Couples going through a divorce should seek out legal help to make the process smoother. Taking a divorce parenting class can be beneficial for both parties, as it will provide resources for the transition and clarification.
What is Fault Divorce?
Fault divorce is when one spouse blames the other for the breakdown of the marriage and is considered at fault. Some of the reasons a spouse might cite for a fault divorce include:
- adultery
- cruelty
- abandonment
- incarceration
Fault divorces can be contested if the other spouse does not agree with the allegations. This can cause delays or extra expenses in the process.
In short, the difference between no-fault and fault divorces is that with one someone must be deemed at fault, and with the other, the breakdown of the marriage is not attributed to any one person.
Pros and Cons of No-Fault Divorce
Pros and cons of No Fault divorce include convenience and lesser legal fees. Another advantage is that No Fault divorce does not require one spouse to prove the other was at fault, which can reduce the animosity between the spouses. On the other hand, it also limits a judge’s ability to evaluate the situation and award appropriate spousal support.
Some people view no-fault divorce as a superficial way of getting out of a marriage without having to consider the complex personal and legal issues many couples facing separation face.
Pros and Cons of Fault Divorce
A fault divorce can be more expensive and lengthy. The pros of a fault divorce include the ability to receive more equitable property and spousal support settlements due to the use of fault-based awards. Additionally, fault divorce can be beneficial in cases where abandonment or adultery has occurred.
It allows a judge to order the offending partner to pay more than the usual 50/50 divorce agreement. In contrast, no-fault divorce is often more affordable and simpler to obtain but does not necessarily offer the same equitable settlements as fault-based divorces.
The court will not assign fault or award punitive damages to the offending party. Ultimately, while fault divorces can be beneficial in certain circumstances, the time, expense, and difficulty involved may make it not the best option for everyone.
Child Custody And Support
A no-fault divorce is one in which neither spouse is held at fault for causing the dissolution of the marriage. In these cases, the divorce is often easier to obtain.
With no-fault divorce, child custody and child support are typically divided by the agreement of the parents. If the couple cannot reach an agreement, the judge will make a determination based on the best interests of the child.
In a fault divorce, however, one of the parties is held at fault. In this case, the court will review the grounds of fault and may factor it into the decision on child custody and child support.
The court may be more likely to award primary custody of the children to the non-fault party. Child support is usually based on the income and assets of the parties.
Explore The Distinction Between No Fault And Fault Divorce
Fault-based divorces provide an avenue to those seeking to assign blame and potentially mitigate financial harm, while no fault divorces are faster and often less costly. No matter which divorce you choose to pursue, always consult with an experienced family law attorney who can help you make the best decisions for your chosen course.
No-fault and fault divorces represent two different routes to legally dissolve a marriage. It’s important to understand the differences so that you can make the best decision for your situation. If you’re still feeling overwhelmed and need legal advice, contact a lawyer today to help you decide.
Found this article helpful? Bookmark our site now and come back for more insights and valuable information!
