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WHAT ARE THE DIFFERENCES BETWEEN A FAULT AND NO FAULT DIVORCE?

There are several differences between a fault and no fault divorce and these differences are based on the grounds on which the divorce is initiated. In the case of a fault divorce, top Scottsdale divorce lawyer noted that a spouse may file a divorce claims based on the irresponsibility of the other party or the actions of the other party which are conceived to be ruining the marriage. However, in the case of a no fault divorce, there is no blame placed on either of the divorcing parties.

Taking into consideration that state laws vary greatly, some couples may be able to enjoy the provision of the no fault divorce if the state supports such while other states have only fault grounds for divorce. Many states have fault and no fault grounds for divorce including Georgia with one no fault grounds and 12 fault grounds.

Divorce Claims

To better determine the outcome of a divorce claim, it is most recommended that spouses contact their divorce attorneys in order to better navigate the state-specific laws guiding divorce claims.

It is also important to note that it is generally harder and more expensive for couples to get divorce for fault grounds and in some states, certain fault grounds present spouses with certain advantage. In some cases, a cheating spouse may be denied alimony based on the offense of adultery.

While not all states have these grounds, some of the common grounds for which a spouse can initiate divorce claims include;

  • Adultery
  • Pregnancy of the wife for husband/another at the time of the marriage and unknown to the husband
  • Desertion or abandonment (this has to do with a specific period of time which varies from state to state).
  • Abuse which can be in the form of physical abuse, emotional abuse, verbal abuse, mental cruelty or cruel treatment
  • Incarceration (this is time bound and varies from state to state)
  • Insanity
  • Impotence
  • Substance abuse
  • Infection with a sexually transmitted disease
  • Marriage that occurred between two people who are closely related. In some cases, this may be a valid ground for annulment.

 

No Fault Claims

For no fault divorce claims, there are several grounds for which the spouse may demand divorce. While these grounds and provisions vary from state to state, below are some of the commonly available reasons.

  • Living apart for an extended period of time
  • Irreconcilable differences
  • Irremediable breakdown or crash of marriage
  • Irretrievably broken marriage.

While these grounds may be accepted in some states, in others, the wordings may have been reframed and thus demands that the separating spouse work with a qualified and professional legal counsel who is vast in divorce related cases to better file the divorce claims.

Fault Claims

With a fault divorce, a legal separation time is not necessarily demanded by the court, however, in a no fault divorce, some states may demand that the divorcing spouse spend an initial period of separation which may last up to two years.

To learn more about fault and no fault divorce, visit https://tiffanyfinalaw.com

 

 

Tiffany Fina Law Firm

7411 E 6th Suite 103

Scottsdale, AZ 85251

480.744.7442

 

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