Understanding the Different Grounds for Divorce

There are so many reasons to want a divorce.

In some cases, couples recognize that they’ve simply grown apart, while in others the issues are more serious, including infidelity or domestic abuse. Years past, people wanting to leave a marriage had to justify wanting to break the marriage contract, but the introduction of no-fault divorce changed that. Still, some spouses pursue what are known as fault-based divorces. Let’s take a look at the difference between the two and what the grounds are for each. In some cases, the grounds can be determinative of how property, child custody, and alimony will be determined.

• No-fault divorce assigns no blame for the marriage ending. All that’s required is an acknowledgment from both sides that the marriage is irretrievably broken. There is no requirement to prove wrongdoing or misconduct, even if it exists. The explanation, or grounds, offered to the court is generally irreconcilable differences or incompatibility. Others use a period of separation as the legal grounds. No-fault divorces are generally resolved more quickly and are less contention, with the division of assets and child custody split evenly.
• Fault-based divorce is chosen when specific wrongdoing has taken place and can be proven. Common examples include adultery, cruelty or abuse (which can be physical emotional, or psychological), desertion or abandonment, imprisonment, or substance abuse. Fault-based divorces are more likely to see the court award marital property, alimony, and child custody that favors the injured party and the spouse at fault receiving a smaller share of assets. These divorces are almost always more contention and can take significantly longer to resolve.

When deciding whether to pursue a no-fault or fault-based divorce, the first question to be asked is what is actually driving the divorce. When wrongdoing has taken place, many divorcing spouses feel a need to let the court and the world know about the wrongs they’ve suffered. But both the need to provide proof and the time and money involved in pursuing a fault-based divorce can be daunting.

If you’re trying to assess whether the potential impact on the division of assets or custody is worth putting yourself through the process, an experienced divorce attorney can help. Call us today for a review of your situation. We will explain the advantages and disadvantages of both approaches and provide you with knowledgeable representation.