If you and your spouse are considering divorce, but neither of you want to allege a fault-based ground for the separation, you may be able to file for divorce on no fault grounds. In a no fault divorce, the person filing for divorce doesn't need to prove that the other spouse committed a wrongdoing. Every state allows a couple to file a no fault divorce.
To obtain a no fault divorce, you need to provide a reason (or ground) recognized by the state in your divorce petition. The reasons for a no fault divorce can vary but typically include irreconcilable differences, incompatibility or irremediable breakdown of the marriage. Some states allow couples to simply state in the divorce petition that they don't get along.
Additionally, no fault divorce jurisdictions typically require that the spouses live apart for a fixed period of time - months or years - before they are eligible for a divorce. This depends on the divorce laws in your state.
There are several important differences between fault versus no fault divorce. Fault divorce often doesn't have the same divorce waiting periods, but there may be a divorce waiting period before a no fault divorce becomes effective. Some states increase the spousal support or property award if it's proven that one spouse was at fault.
A few women's rights groups argue that no fault divorce laws may penalize women because marital assets tend to be more equitably distributed in a no fault case, whereas in a fault divorce, more marital property may be awarded to the spouse less at fault.
With the help of a local divorce lawyer, you can learn more about no fault divorce options and get advice on how to handle your specific situation. If you and your spouse are considering a no fault divorce, learn more about the process and what it will mean for both of you with the help of a divorce lawyer. Call 877-349-1310 or fill out a divorce case review form to connect with a divorce attorney in your area today.