Project information

No-fault has become the avenue of choice in most divorces.

Project info

  • Client: John Fletcher
  • Services:
  • Year: 2023
  • Visit: 22-2-2023

No-fault has become the avenue of choice in most divorces. There are various reasons for this. Because you don’t have to prove your spouse did something wrong, there’s typically less anxiety and tension during the divorce process. This is a big benefit, especially if there are children involved. Also, when you don’t have to fight about fault, the divorce may move more quickly. And, less arguing almost always translates into lower legal fees.   

Fault-based grounds are those that require you to prove that your spouse did something wrong, which caused the divorce. Some typical grounds in this category are adultery, extreme cruelty (physical or mental), and desertion. Today, there aren’t many benefits to filing for a fault-based divorce. However, if your state views fault as a factor in determining alimony or division of marital property, it’s something to consider.  

In most divorces, couples will have to divide property and debts. The general rules is that family courts will divide a couple’s marital property—meaning property they acquired during the marriage. This would include assets such as real estate, bank accounts, and so forth. How a court goes about doing this depends on whether you live in an “equitable distribution” state or a “community property” state.  

Most states follow the principle of equitable distribution. This means that the court will divide the marital property between you and your spouse based on the facts of your case. Whatever the judge feels is fair in your particular set of circumstances will determine how the judge distributes the property—it’s not guaranteed that each spouse will get an equal amount. 

Divorce is difficult, but it doesn’t have to be an all-out battle that costs both of you a fortune in lawyers’ fees. Mediation and collaborative divorce are two ways divorcing couples can make decisions together about property, support, and child custody without breaking the bank. Learn more about these ways to divorce before going any further. 

Divorce is complicated and emotional, but it doesn’t always have to be a fight. Couples often find it beneficial to try negotiating a settlement before asking the court to decide for them, but will it work for you?