“no fault” divorce in a nutshell
“No fault” divorce is any divorce where the spouse filing for divorce does not have to prove that the other spouse did something wrong.
To obtain a no fault divorce, one spouse must simply invoke a reason recognized by the state. In most states it’s enough to declare a simple reason that the couple cannot get along (“incompatibility,” “irreconcilable differences” or “irremediable breakdown of the marriage”). In nearly a dozen states, however, the couple must live apart for a period of several months or even years in order to obtain a no fault divorce. So this kind of divorce is though a relatively simple process, might be lengthy.
Is a no fault the only option even when there has been a wrongdoing?
In some, namely, 15 states, yes, it is. The other states allow a spouse to select either a no fault divorce or a fault divorce. Why choose a fault divorce? Some people don’t want to wait out the period of separation required by their state’s law for a no fault divorce. And in some states, a spouse who proves the other’s fault may receive a greater share of the marital property or more alimony.
The traditional fault grounds are (depends on the State):
• cruelty (inflicting unnecessary emotional or physical pain) — this is the most frequently used ground
• adultery
• desertion for a specified length of time
• confinement in prison for a set number of years, and
• physical inability to engage in sexual intercourse, if it was not disclosed before marriage.
Sunday May 20th 2012
