FAULT OR NO-FAULT DIVORCE

There is actually no legal jargon for a “FAULT DIVORCE”. It is sort of the unspoken term, even though the word “fault” itself appears many times in divorce decrees.When one party accuses the other of doing some heinous act or acts, he or she is placing blame on the other party, and indicating that the accused has done irreparable damage. In other words, “It is all his or her fault.” That damage is considered to be grounds for divorce.Those grounds are usually: adultery, alcoholism, drug addiction, physical abuse, criminal activity, verbal abusiveness, sexual abusiveness, financial corruption, or outright abandonment.

If the conduct of the accused is deemed to be unacceptable by the court, the divorce is commonly granted.

If there is to be a financial settlement, the court will most probably rule in favor of the accuser. If there are children involved, custody will almost always be given to the same.

In a NO FAULT divorce, there are no accusations of abuse. The couple simply has to declare that there are irreconcilable differences. These can range from personality conflicts to a lack of communication. They often include separate goals in life, outside attractions, domestic disturbances, a lack of continuing love for each other, family interferences, child rearing differences, or distaste for cats and dogs…just about anything.

In states that allow this divorce, the parties involved are still allowed to press for FAULT grounds. They may be delivered anyway, even though the divorce is a NO FAULT.

NO FAULT does not mean equal distribution of funds by the courts. Other factors may intervene, such as: the years married, the financial, emotional, and physical contributions of each during the marriage, the age of the parties, and the ability of each party to support themselves after the divorce.

Often times a lengthy separation is required by the court before it will accept NO FAULT as grounds for divorce.

Frivolity should not be grounds for divorce.

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