Difference Between a Fault and No-Fault Divorce
Fault-based divorce means that both parties must agree to end the marriage. A judge may decide who gets custody of children if there are any. No-fault divorce allows spouses to file for divorce without having to prove fault. Spouses may still have to pay alimony and child support.
Fault or No-Fault Divorce? In most states, if a couple decides to get divorced, they must go before a judge. The judge will decide whether the marriage should be dissolved based on the facts of the case. There are two main types of divorces: fault and no-fault. Fault divorces require both parties to agree to end the marriage. Both spouses must file a petition stating why they want the marriage ended. A judge will then decide if there is enough evidence to support the decision to end the marriage. No-fault divorces do not require any agreement by either party to end the marriage. Instead, a spouse may file a petition asking a court to dissolve the marriage. To show why the marriage needs to end, the petitioner must provide evidence showing that he or she was physically or emotionally abused during the marriage. Once the judge receives this evidence, the judge will make a decision about whether the marriage should be ended.
In a "no-fault" divorce, neither spouse needs to prove that the other person was at fault for the breakup. All states provide a "no-fault" divorce option, but the specific reasons for divorce may differ by state. In most states, a couple can obtain a divorce without having to prove any wrongdoing on the part of the other party. Instead, the judge will decide whether or not the two parties should stay together based on how well they've been getting along. If you and your partner are unable to work things out, then you may want to consider filing for a divorce. Divorce in your state can be found by searching online. You can learn more about the legal grounds for divorce in your state. Courts will grant a request for fault-based divorce if state law allows fault-based divorce and at least one spouse alleges that the other spouse's behavior led to the end of the marriage. Some states allow fault-based divorce. Common fault-based grounds for divorce include cruelty, adultery, abandonment, insanity, imprisonment, and. Fault-based divorces are usually cheaper than no-fault ones. People who choose this type of divorce often do it because they're hurt and angry about something. Spouses might get less money, but they'll also spend less time in court. Both parties are at fault. Neither party deserves a divorce. However, the court grants the divorce because the husband is less at fault than the wife.
A spouse doesn't need to be wronged to get a divorce. Spouses can file for divorce if there is an irreconcilable difference. In order for this to happen, however, both spouses must agree to the divorce. A spouse can also file for divorce because of "no-fault" divorce. This type of divorce means that neither party is guilty of any misconduct. The spouse filing for divorce must prove that the other spouse committed some kind of misconduct that justifies the divorce. Connivance is when someone sets up a situation so that the person being conned does something wrong. A judge might find that a woman who was going away for a week invited another woman to stay at the house with her husband while he was gone connived his adultery because she wanted him to commit adultery. If the wife sued her husband for divorce, saying he had committed adultery, the husband could say that she connived, or set up his actions by inviting another woman to stay at his house. Provocation is encouraging someone else to commit a crime. A spouse could provoke the other spouse into committing a crime such as adultery or murder. Collusion is an agreement to get a divorce without following the legal procedure required by law. Spouses rarely use these defenses. Courts won't grant divorces unless there is proof that the spouse used these defenses. But, if a spouse uses these defenses, then the court will most likely grant the divorce anyway because there is a strong social policy against keeping someone in an unhappy marriage.
Divorce laws vary by state. In most states, there is a minimum length of time that you must reside in the state before you can file for divorce. Some states also require that the person who files for divorce be a resident of the state for a certain period of time.
No-fault divorces are used when there is no proof of wrongdoing on the part of either partner. In most cases, both spouses agree to end the marriage without having to prove fault. This is done because many people believe that if there was a fault, then the relationship could continue. However, this belief ignores the fact that oftentimes, couples do not want to stay together because they have problems that they cannot resolve. When this happens, the couple may decide to get divorced. A no-fault divorce allows the couple to split up without any legal repercussions. Usually, these states require that spouses live separately for a specified period of time before either can file for divorce.
Fault divorces are not as uncommon as people think. Spouses who file for divorce because of adultery, abandonment, prison confinement, emotional or physical abuse, etc., are usually not required to live apart from each other for a specific length of time before filing. A fault divorce is considered unfair by many because it gives an advantage to the person who was at fault. Many states do not consider fault when determining how much money a divorcing couple should receive.
Fault and No-Fault Divorce are two different things. You should know the difference before proceeding. A fault divorce means that someone did something wrong or was negligent. This may be grounds for getting divorced. In a no-fault divorce, there is no wrongdoing involved. This doesn't mean that people can get divorced without having to pay any fees or court costs. There are still rules regarding what happens after a divorce. Contact a divorce lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, Stafford, Texas at Thornton Esquire Law Group, PLLC at www.thorntonesquirelawgroup.com for a free consultation.