No-fault divorce is the most common type of
divorce case, and is available in all states except New York. A no-fault divorce is one where the spouse seeking a divorce doesn't have to prove the other spouse did something wrong, but instead gives a reason recognized by their state, such as irreconcilable differences.
Getting a no-fault divorce
If you are seeking a divorce, a no-fault divorce may save you money as you do not have to sue your spouse and prove that he or she caused the marriage to break up due to an issue such as adultery or spousal abuse. However, some states require the couple to live apart for a period of time before a no-fault divorce can be granted.
If the couple agrees on how to divide their assets and on
alimony,
child support, and custody issues, they may save money by representing themselves, or by using a family mediator to hammer out the details of their divorce. If there is disagreement about these issues, you will want to get a divorce lawyer to represent you in court.
No-fault vs. fault divorce
In some states, you can still pursue a fault divorce, where the spouse seeking the divorce must prove that his or her spouse is at fault for breaking up the marriage. Typical grounds for a fault divorce are cruelty, adultery, desertion, imprisonment for a period of time, and inability to have sex if that wasn't known before the marriage.
While no-fault divorce is far more common and easier to obtain, some people choose a fault divorce. They may not want to wait through their state's required separation period. In some states, they may receive more of the assets or more alimony by proving fault.
If you choose a no-fault divorce, your spouse cannot stop the divorce. In a fault divorce, however, the spouse could prevent the divorce by proving the charge against them is untrue. The person accused of the fault could also stop the divorce by proving that his or her spouse in some way condoned or provoked the activities that put the spouse at fault.
An experienced divorce attorney can help you determine which type of divorce is right for you.
Where to file for divorce
Ideally, you will want to file for divorce in the state where you live. All states require that you reside in the state before filing for divorce there, though the length of residency required varies from state to state. Divorce proceedings may drag on for some time, so you will save on travel and lost work time if the divorce court is near you. If you suspect your spouse may file for divorce in another state, you may want to take the lead and file in your home state.
