Differences Between Fault and No-Fault Divorce

In a divorce case, you must indicate on your petition why you want to end your marriage—the “grounds” for the divorce. Some states allow fault-based and no-fault divorce grounds, while others have only one or the other. Fault-based divorce grounds include adultery, cruel treatment, and abandonment. Fault-based grounds are more difficult to prove than no-fault divorce grounds.

Fault-based divorce grounds require a jersey city divorce lawyer to allege in the initial filing (the Complaint) the specific facts that support the ground he or she is claiming. For example, a spouse filing for adultery must state the specific dates and locations of the extramarital affair in the Complaint. No-fault grounds include separation and irreconcilable differences. In the latter, a spouse must allege in the Complaint that the marriage has irretrievably broken down for at least six months.

Common Grounds for Divorce

A no-fault divorce is a less expensive and quicker way to dissolve a marriage, but it may not address all issues related to the marriage, such as spousal support and property division. Nevertheless, it may be the right option for a couple who can agree on all of the other divorce-related issues.

Regardless of the ground for divorce, a contested or uncontested divorce case will take longer to resolve than a no-fault case. This is because the court must examine the evidence and determine whether to grant the requested divorce decree. Furthermore, fault can impact the division of marital assets and debts, but this varies by state.