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Fault and No-Fault Divorces

Divorce is a legal process in which one or both parties in a marriage can ask to have their marriage contract voided.  There are a number of reasons why individuals may choose to obtain a divorce.   Some of these reasons include infidelity, irreconcilable differences, physical or mental cruelty etc.

Sometimes divorces can be accomplished in a very civil manner, while other divorces may be very mean-spirited and vengeful.  In addition, the accumulated assets of the divorcing couples are divided between the two individuals.  Complicating factors could include custody battles and visitation rights of children born from the marriage.

Therefore, all of these variables have caused some court systems to embrace no-fault divorces.  Knowing the difference between fault and no-fault divorce is an important differentiation to understand if you are considering divorce or are currently involved in divorce court proceedings. 

What Is No-Fault Divorce?

No-fault divorce is a legal proceeding that results in the marriage between two individuals being terminated.  This termination of the marriage can be initiated by either marriage partner. 

In addition, this dissolution of the marital bonds can be pursued by the person requesting the divorce without having to give proof or evidence of any wrong-doing on the part of the other individual.  Often the reasons that are stated, when requesting a divorce, can include such phrases as ‘irreconcilable differences’ or ‘for reasons of incompatibility.’ 

Also, the divorce can be pursued by either member of the marriage despite any opposition raised by the other marital partner.

Fault Divorce

A fault divorce is also a legal proceeding that culminates in the dissolution of the marriage.  However, a fault divorce requires the individual who is petitioning for a divorce to provide a reason for the request. 

Generally, this request must be at least one recognized reason that allows the area of legal jurisdiction to grant that request for divorce.  Those reasons could include adultery, mental cruelty, physical assault etc.

However, because of the rising rate of divorces and the impact that divorce has on children, many courts are requiring that there be a period of time involved before fault divorce can be obtained.  In addition, many legal systems are mandating that children receive counseling prior to the granting of a divorce.

One of the key advantages to obtaining a divorce under a fault divorce system is that, if fault can be shown, it may affect the dispersing of the assets of the divorcing couple.  If, for example, a husband was found to be unfaithful and infidelity is proven, a greater percentage of the assets could be awarded to the wife.