Fault vs. No Fault Divorce

If you are contemplating your divorce, the first decision to be taken is to decide between fault vs. no fault divorce. About four decades ago, getting a divorce was a painful process, mentally, emotionally, and financially. Each partner had to blame the other on reasons of adultery, abandonment, and abuse to even file for divorce. But, with the no-fault divorce hearing, getting a divorce is relatively simple and time saving.

What is No-fault Divorce?

A no fault divorce is given if even one of the spouse wants and initiates the divorce. It is also called a unilateral divorce. It is convenient and more amiable, as it demands no name blame by either side. The only condition is that at least one of the partners should agree that that marriage has reached a moot point and is quite irreparable with no room for reconciliation. A no fault divorce is economical, less frustrating, and at the end you can still be friends with your partner. The only disadvantage, as it may seem, is that most states require a waiting period of six months to one year before the divorce can be given.

What is Fault-based Divorce?

When one partner wants to severe the matrimonial ties for reasons of desertion, adultery, abuse, and impotency, a fault divorce is preferred. The advantage to this is that there is usually no waiting period in this kind of divorce. Also, the alimony or marital assets are more for the spouse who can prove the other’s fault. But because it involves pointing a finger at each other, most of the time the fault divorce turn into a messy and prolonged affair, hurting everyone who is in between.

Until recently New York was the only state that did not join the bandwagon of no fault divorce. But that is about to be changed with the assembly having approved of no fault divorce hearing in New York. The argument against no fault divorce is that it has resulted in high divorce rates in the country, which is true. But it has also provided freedom for those suffering from a bad marriage.

A divorce, whether fault or no fault, is a selfish affair. No one seeks a divorce for the sake of his or her partner or children. So the least one can do when seeking a divorce is to weigh the pros and cons for a particular case and see which will benefit best the needs of the dissolving family.

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