While divorces are of many types, a popular category is the no-fault and fault divorce. The main difference between both divorces is that no-fault divorce is granted without any responsibility of either party. In fault, divorce is finalized when one party is proven guilty.
Before coming to a final decision, there are several aspects that the court will consider. Depending upon the state law, a no-or-fault divorce case is filed. Moreover, if both parties are partially at fault, the benefits and penalties are distributed equally, or the spouse that is less at fault can claim a divorce.
Contact a gig harbor divorce attorney to know more about fault and no-fault divorce in detail. A divorce attorney will tell all the legal laws and rules about no-fault and fault divorce in your state. Furthermore, they will also help you figure out your situation and which claim is the best for you.
What is the difference between no-fault and fault divorce?
Let us take a look at the difference between both the types of divorces.
A no-fault divorce case does not require you or your partner to point out each other faults to seek a divorce. You can simply file for divorce if you no longer want to stay with each other. Every state in America allows no-fault divorce, and some states only allow no-fault divorce cases. So, check with your state law before you and your spouse file a divorce case.
A no-fault divorce is much easier and more peaceful, and neither parties have to go through the tedious proceedings and trials. The reasons for a no-fault divorce can be uncomplicated and are valid in court. For example, lack of compatibility between two people, differences, no longer wanting to work on their marriage, etc.
Fault divorces are different from no-fault divorces and are challenging for both parties. To file for a fault divorce, you must have proof against your partner that they are at fault in your marriage. After that, the court will decide whether your reason is justified for divorce and, if yes, what benefits your partner will owe you.
Also, your partner might face penalties or punishments if the fault is severe or violates the law. For example, if your spouse tries to abuse you physically or mentally, cheats on you, abandons you, etc.
Once the fault is proven, the court will decide the alimony, child custody, and child support in your divorce case accordingly.