Fault VS No-Fault Divorce: Understanding the Differences to Know your Choice

The whole divorce process is never easy. Not only is it mentally and emotionally exhausting, but it is also financially challenging. But like other chapters in a person’s life, being mentally strong is a must. This does not only include knowing how to face the challenges that you are currently facing.

Or how to handle significant changes in the future. Being adequately informed about the legalities of divorce proceedings is not just the job of your lawyer, but also you as one of the parties involved. Having a skilled Law Office of Dorene A. Kuffer divorce attorney here in Santa Fe, NM means you have a good foundation for your case.

However, the course of how you want your case to proceed will depend on your personal wants and preference. Thus, it is important to understand the kind outcome that you want and, that starts by understanding the different kinds of divorce.

Generally, there are two different types of divorce in the country, fault and no-fault. Knowing the difference between the two can help you decide which one is best for you, your family, and your overall case.

What is no-fault divorce?

People go through a divorce process simply because they cannot remain married for a variety of reasons. When the reason for the separation is mutual or is caused by irreconcilable differences, then you can easily file for a no-fault divorce.

Filing a no-fault divorce is considered to be the simpler method because the parties involved acknowledge the fact that no one is to be blamed for the decision, therefore making it easier for all the people involved in the case, most especially the children.

What is a fault divorce?

couple not facing each other in anger

A fault divorce is more complex in the sense that one party should prove that the other is the cause of the separation, while the other has to prove otherwise. Although considered the less common type of divorce, fault divorces are filed to prove that the other party is at-fault and is the reason for the divorce.

There are several grounds for the filing of such cases. Adultery is one of the common grounds for divorce. The filing party should have evidence to prove his/her claim. Spouses who have been abandoned for a long period of time can also file fault divorces.

Victims of domestic abuse, those who have spouses who are serving in prison, and those whose spouses are mentally ill can also take this route. A fault divorce is more complex and more financially taxing than no-fault ones.

But, some people find it more effective because it gives them the psychological closure they need, as well as the compensation due to them.

Which one should you file?

This is the question that only you can answer. Consulting your lawyer, evaluating your financial and family background, as well as your status with your soon-to-be ex-spouse should all be considered before making a decision.

Divorce is never easy, and there is no right or wrong way to do so. However, considering the right factors before making a decision can lead you to an approach that can definitely help make the whole process a lot smoother for you and all the people involved.

Share this

Defending your rights shouldn't be complicated. Barbara Law makes legal topics easy for everyone through its library of accessible legal resources.


    Scroll to Top