Fault vs. No Fault Divorce

Today most states are no fault divorce states. In the past, divorces would only be granted for specific reasons, such as adultery or cruelty. Today, however, all states allow for no fault divorces and some still allow for at fault divorces where a wrongdoing was committed by one of the spouses that lead to the breakdown of the marriage.

No Fault Divorce

A no fault divorce only requires that the reason for the divorce is something that the state recognizes, such as:

• incompatibility
• irretrievable breakdown of the marriage
• irreconcilable differences
• insupportability

Even as the terminology varies from state to state, the reasons all basically state that there is a breakdown of the marriage. Some states require that the spouses must live apart for a specified period of time before they can obtain the final divorce. This time frame ranges from six months to five years.

No fault divorce means that no one is to blame for the failure of the marriage. It can be as simple as the spouses have personality conflicts that make married life impossible. There is no need to prove someone is at fault for a no fault divorce based on one of the no fault reasons listed above.

Fault Divorce

Today only some states will allow for a spouse to request that a divorce be granted on the grounds of fault. Some common grounds of fault are:

• Adultery
• Abandonment or desertion
• Cruelty
• Bigamy
• Impotence, if it was not disclosed prior to the marriage
• Conviction of a crime
• Mental illness

The most common reason someone would choose a fault divorce over a no fault divorce is to avoid the separation period that is required in some states. Additionally, a spouse that is found at fault for the divorce may have to take a lesser share of the marital property.

Some people argue that today’s no fault divorce laws make it too easy to get a divorce. In addition, if only one spouse wants the divorce and the other wants to try to work on their marriage first, the divorce can still be granted because disagreeing whether or not to get divorced is considered an irreconcilable difference.

In order to get a divorce, either no fault or at fault, there must be grounds that establish the reason for the divorce. Grounds for a no fault divorce include incompatibility and irreconcilable differences and grounds for a fault divorce include adultery and desertion.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about divorce law.

Additional Legal Tools: Visit the law offices of Elan Wurtzel for more information on divorce.