What You Need to Know About Fault & No-Fault Divorce
Divorces happen everyday. In fact, divorce is at an all time high. Luckily, if you are thinking about a divorce there are a couple ways to go about it to make sure that you get exactly what you need. Each couple has different needs when it comes to the terms of their divorce, which is why you need to know about each option to make the best decision.
Fault Divorce was the only way to divorce until 1969. Up until then you had to prove that one spouse did something that caused the demise of the marriage in order to be granted a divorce. Even then, it was hard to get a divorce if you simply didn't want to be married anymore but neither party did anything wrong.
For a fault divorce you need to prove that your spouse harmed you in some way. Some of the most common reasons are infidelity, emotional or physical abuse, or abandonment. You spouse can't just walk out on you; they have to walk out and not be in your life for a certain amount of time. Another reason some people get a fault divorce granted is if their spouse is in jail for a long time.
There are two reasons why it might be worth petitioning for a fault divorce. If you were wronged, you have a better chance of getting a good settlement. You might get more of the estate, or your spouse may be court ordered to pay you damages. Another reason is that a fault divorce is generally faster.
No-fault divorces are much more common. This means that you don't have to give a reason for why you want to divorce your spouse. Most times it is just irreconcilable differences. That is generally enough to be granted a divorce. This makes it a lot easier because you don't have to prove that one spouse did wrong.
With a no-fault divorce, you generally split things half and half. Each state has different ways that they execute the divorce, but you can expect that your income, your pension (if it was acquired while you were married), property, assets and custody of children are all split down the middle. This divorce may take some time to finalize, but it is worth it if you can't find a legal reason to separate.
By understanding the different kinds of divorce you can determine what is the right route for you. Contact firms such as Law Offices of Gordon Liebmann for more information.