Not Sure What Grounds to File Divorce On? Here’s the Scoop on At-Fault and No-Fault Divorces

Family lawJanuary 10, 2020

If you are finding yourself asking yourself whether you should stick around in your marriage or throw in the towel, we’re here to help shed some light on your decision if you’re leaning for the latter. As you know, you aren’t alone in your marriage troubles. Many have divorced, many have recovered from broken marriages, and many are still to divorce and even to marry.

The reasons for divorce are several, and they all vary. However, it all boils down to what the court deems as adequate grounds for divorce. You are obligated to prove to the court of law that your marriage has irretrievably broken down to get a divorce, and your reason for divorce needs to fall into a legally defined category. Let’s take a closer look at that, shall we?

At-Fault Divorces

When you are divorcing for ‘at-fault’ reasons. This means that one of the two in the marriage is at fault for the disrepair of the union. Legal bases for divorce do vary across the globe. But the most commonly accepted grounds for divorce are in the event of cheating, otherwise termed as adultery, bigamy, mental incapacity, desertion, the union between relatives, impotence. If you were forced into the marriage or there are events of abuse, you can apply for a divorce too. Other possible reasons include criminal conviction or imprisonment, substance abuse, or addiction. Proof of the misconduct is usually required for the court proceedings.

No-Fault Divorce

Contrary to the ‘at-fault’ divorce, the no-fault divorce is one where the marriage has fallen into disrepair at no fault of either in the wedding, but separation is still desired. While you don’t need to look for a mistake, you do even need to file your no-fault divorce on legal grounds.

The legal grounds for no-fault divorces are incompatibility, irreconcilable differences, and irretrievable breakdown. In this case, you will be saying to the court that both you n your spouse have differences so significant that you could not overcome them and cannot remain married. These are prevalent divorces and are faster and easier than at-fault divorces. These divorces go smoothly since there is a need for proof and, so the trials are faster. As a result of quicker proceedings, these divorces are also cheaper.

Deciding between At-Fault or No-Fault Divorce

It is essential to make the correct decision when deciding whether you are divorcing based on no-fault or at-fault reasons. Making this choice depends on a few things. Firstly, if you are considering at-fault divorce grounds, you need to check whether you have suitable evidence of the misconduct at hand. If you do not have such proof, unfortunately, no-fault grounds will be what you have to resort to. Also, if you look at your finances and you see that you can’t afford a drawn-out court proceeding over the divorce, no-fault will be a better option.

However, it is also of importance to consider the misconduct of the spouse can influence the allocation of funds and the division of assets. If this is the case, it will be worth your time to dig up some evidence and the funds to carry out the divorce on at-fault grounds. For example, if your spouse has gifted their lover with expensive and lavish gifts during an affair, you can claim these monies back as part of the final settlement if you have proof of them.

Where to Start?

If you are feeling overwhelmed by all the information you have to look through and understand, you can benefit from the guidance and advice of an experienced professional even before you reach the courtroom.

Hire an expert in the field in the form of an experienced divorce attorney to make sure you get the most out of your divorce. After all, you have only this chance to do it, and you have to do it right. There are no do-overs, and you need to know that the money you are investing in the divorce proceedings will be worth your while. If you know that your divorce is inevitable, then gathering all the information, evidence, and understanding you need to carry through to the end is very important. If there are children involved, it’s a whole other ball-game – but that’s a topic for another discussion entirely!