Fault And No Fault Divorce
By Kerry Graylor
Divorce laws and terminology can vary in different jurisdictions, but generally a divorce will be either a fault or a no fault divorce. Confusingly, it does not always depend on whether one party was to blame for the breakdown of the marriage. Often there can be a no fault divorce even though one spouse had an affair or left the marital home. In this situation, if both parties are in agreement that the divorce should go ahead and they have waited for whatever length of time is required under their state law, a no fault divorce may be awarded.
Some states do not allow fault divorces at all, but where they are a possibility under the law, they can be instigated by one party without the agreement of the other under certain conditions. However, the fault must be proved and must fit with the list of grounds for fault divorces in that state. Some of the grounds are as follows.
Adultery can be grounds for divorce and was traditionally the most common cause of divorce before no fault divorces became legal. Adultery is where one party is having sex outside the marriage. Proof is often obtained by a private detective.
Cruelty is another cause for a fault divorce. This can be the infliction of either emotional or physical pain. An example would be where one partner is regularly bullied or taunted by the other. Emotional or psychological cruelty can be difficult to prove and the divorce proceedings in these cases are often long, expensive and unpleasant.
Another possible cause is desertion, where one of the parties has moved out to live either alone or with another person. This is probably the easiest to prove although there could be a question about whether the party who moved out of the home did so through their own choice or was forced into it.
Where one spouse is convicted of a crime and sent to prison for a certain length of time, this can be grounds for a fault divorce in some states as it counts as a form of desertion. Even though in a sense the desertion was involuntary, the law considers that the person chose to commit the crime and therefore is responsible for their resulting imprisonment.
In some cases the inability or refusal to engage in sexual relations can also be grounds for divorce.
Although no fault divorces are usually simpler, quicker and less unpleasant, many people choose to instigate fault divorce proceedings if they can. Usually this is because the innocent party hopes to win a larger alimony settlement or get full custody of any children if the fault can be proved. Another reason may be that proceedings can often times begin much sooner than for a no fault divorce
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