If you and your spouse are planning to file for divorce, you need to decide if you are filing for a no fault or fault divorce. No fault divorces are more common, but there are some petitioners who prefer to file a fault divorce. Before filing, here is what you need to know about no fault and fault divorces.
What Is a No Fault Divorce?
A no fault divorce means that neither person in the marriage is claiming that the other did something to cause the divorce. In essence, both people are stating that the divorce was due to irreconcilable differences.
Every state recognizes no fault divorces. Depending on the state in which you live, there might be additional requirements for the divorce to be accepted by the court. For instance, your state might require that you and your spouse live separately for a certain amount of time before you can file.
What Is a Fault Divorce?
A fault divorce occurs when the petitioner files for divorce and specifically blames the other spouse. For instance, a spouse could cite the adultery of his or her spouse as the reason for the split.
Other reasons that are used in fault divorces include incarceration, and abuse. You are not required to have a period of separation before you can file under a no fault divorce.
Should You File for a Fault Divorce?
There are many reasons for filing for a fault divorce, including the division of marital assets. For instance, if your spouse committed adultery, you could claim that you should receive a bigger part of the assets because you were not responsible for the deterioration of the marriage.
If you are filing a fault divorce based on abuse, it could make a difference in child custodial matters. If you can prove the abuse, a judge might be more willing to award you with custody of your children and support.
How Can You Fight a Fault Divorce?
How you defend yourself against a fault divorce filing depends on the circumstances. For instance, if your spouse is accusing you of committing adultery and he or she also cheated, you could claim that both of you are equally responsible for the breakup.
A family attorney can help you determine whether or not a fault or no fault divorce is best in your situation. An attorney can also help you if your spouse has filed a fault divorce. To learn more, contact the experts at Karp Law OfficesShare
29 April 2015
After my mom turned 68 years old, she started doing all kinds of strange things. She spent her monthly retirement checks on excessive amounts of food and clothing but didn't pay her rent or bills on time. At one point, she forgot who I was to her. Since my mom lived alone at an independent apartment complex, I couldn't monitor her behavior every second of the day. I brought these things to my mom's attention, but she refused to get medical help. After my mother called the fire department to report a fake fire, I took legal action. I contacted a general attorney and became my mother's power of attorney. I now had the right to monitor my mom's finances and medical care. If your loved one needs help, read my blog for information on general attorneys. You'll find tips, articles and much more to help you get started.