04 Oct No-Fault vs. Fault Divorce Grounds
In every state, divorcing spouses must list a reason, or grounds, for filing for divorce. For a no-fault divorce, the parties must have been separated (though not necessarily legally) and living apart for at least 18 consecutive months. Although not a requirement, having a legal separation can make getting a divorce a little bit easier. No-fault divorces also require the parties to show that there is not a reasonable chance of reconciliation.
Fault divorces are a little different. You don’t necessarily have to show that you’ve been separated for at least 18 months. Instead, you must include evidence of the fault when filing. One of the most common faults is for “irreconcilable differences.” The parties must indicate that the differences have existed for at least six months.
Other faults can include “extreme” mental or physical abuse, desertion or constructive desertion, adultery, “habitual” drunkenness or drug addiction, “deviant sexual behavior,” imprisonment or institutionalism, or what’s considered “divorced from bed and board,” which means the parties were not living or sleeping together. Many of these “faults” are subjective, which is just one reason why hiring a divorce attorney is a good idea.
Filing the Divorce
Ideally, both parties will agree to the divorce and be part of the filing. When this happens, the divorce is generally much smoother, faster, and easier. However, that isn’t always the case. If one spouse doesn’t want a divorce, or refuses to move forward with it, things can get very complicated whether it’s a fault divorce or no-fault divorce.
Schedule a Consultation with Bloom Law Office Today
Even so-called “easy divorces” aren’t always easy. It’s important to protect yourself and not rush to get through things to get it behind you. If children are involved, or high amounts of wealth or owned businesses, a divorce can be very challenging. Protect yourself and your future by scheduling a consultation with Bloom Law today.