Requirements for Divorce: Fault vs No Fault and Filing

You're in a marriage that just isn't working anymore. Now you're thinking of getting a divorce. How you get one?

Before you can get a divorce, there must be legitimate grounds for divorce. Check your state's laws for the grounds available to you.

Fault vs. No Fault Divorce

Fault Divorce

A fault divorce is one where the former spouse did something that legally permits the other to get a divorce. Some examples of sufficient grounds are:

Abandonment
Cruelty (emotional or physical abuse)
Lack of marital relations (sex)

No Fault Divorce

A no fault divorce is where no one is to blame but one or both of the parties just wants out of the marriage.

Filing Divorce In Court

A divorce is not final instantly. There is a divorce waiting period that prevents former spouses from immediately remarrying or changing the status quo of the marriage.

One reason is divorce is complicated. Assets have to be divided, children may be involved and divorce spousal support decisions need to be made.

Marriage is still considered a sacred institution for most of society. The decision to get a divorce is not one judges or courts as a whole want people to take lightly.

However, the benefits of divorce can outweigh the benefits of marriage in some situations. For one thing, richer spouses could pay less in taxes as a single vs. a married filer. Children may be spared from an unhappy or abusive home and the former spouse could end up being a better parent, more self-sufficient, etc.

Divorce Requirement Legal Help

This article is merely a general overview, not a substitute for a family law attorney. Divorces can be complex and having an experienced attorney will make the process of separation, division of martial property, etc. go more smoothly.

Thinking About Divorce?