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Divorce Grounds: Fault and No Fault

Divorce grounds are regulations set by each state that determines under what circumstances one party in a marriage can file for a dissolution of their marriage. There are two main types of divorce grounds; fault and no-fault.

A no-fault is the most common type of divorce grounds between the two. It does not require that either the husband or wife show fault, or that the spouse did something wrong for a divorce to be granted. It can be requested by either the husband or wife, despite objections by the spouse. It would be considered an “irreconcilable difference” if either the husband or wife did object, and would be justified divorce grounds for a no-fault divorce.

Various names given for divorce grounds in a no-fault, or legal terms for a couple not getting along are “incompatibility,” “irreconcilable differences,” or “irremediable breakdown of the marriage.” In some states, it is required that the couple not cohabitate for months or even years before a no-fault divorce is granted.

Divorce grounds established on fault, which means that the husband or wife showed wrongdoing on the part of the spouse can be sought in cases of:

• Adultery 
• Cruelty or infliction of emotional or physical harm 
• Deserting the spouse for a length of time 
• Imprisonment for a number of years 
• Not disclosing, before marriage, the physical inability to have sexual intercourse 

Divorce Grounds Differ in Various States

In 15 states, divorce grounds can only be sought as a no-fault divorce. The other states allow the spouse to file for either a fault divorce or a no-fault divorce. Reasons why a spouse may file for a fault rather than a no-fault divorce are:

• Possibility of receiving a larger share of the marital property if wrongdoing is established  
• Possibility of receiving more alimony if wrongdoing is established 
• Not wanting to wait out the period of separation required by their state for a no-fault divorce 

Although a spouse cannot prevent a no-fault divorce, it is possible to do so with a fault divorce by convincing the court that you are not guilty of wrongdoing. Rarely used defenses in a fault divorce are collusion, condonation, connivance, and provocation.

Any defense used in a fault divorce grounds will eventually come to naught. Chances are that a court will eventually grant a divorce, due to strong public opinion against forcing a couple to remain married if one or both parties want out. It is also costly to forge a defense and money would be better spent on college funds for the children of the union than in fighting what will eventually be a losing battle.