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Fault and No-Fault Divorce – The Differences

It is thought that approximately half of all marriages today end in divorce. Although most people do not marry with the thought in mind that they will not stay together, unfortunately it happens. There are several different types of divorce, including fault and no-fault, depending on the state where you reside.

Fault Divorce

If the husband or wife claim that their partner did something that resulted in the marriage coming to an end, this is known as a fault divorce. Generally, the grounds for this type of divorce will include the claim by one that the other spouse committed adultery, domestic violence, has a criminal conviction, abandoned them, has a mental illness or is incompetent, or is impotent. Most of the time, both parties consult with an attorney to protect their legal rights. One example of a firm that can provide a divorce lawyer orlando fl is Bourne Law.

However, just stating that this is the reason you are asking for a divorce is not enough. The claim has to be proven. For example, if the reason you are seeking the divorce is that your spouse committed adultery, they can state that you also committed adultery. Evidence is needed to prove your statement. This can include witnesses, but your spouse may also bring witnesses that state your claim is false. Therefore, it basically comes down to which one the judge believes has a stronger case.

No-Fault Divorce

A no-fault is far simpler than a fault divorce. What this basically states is that you and your spouse have “irreconcilable differences”. It places no blame on either partner. It simply means that there is no hope for the marriage, and you both agree that divorce is the answer. There are certain states that require the couple to be separated for a period of time before the granting the divorce. It is also simpler if you and your spouse have agreed upon all issues including custody (if there are children), property distribution, support, and the division of any assets or debts.

Divorce is almost never simple. However, it can be more amicable when couples decide the marriage is over and try to handle it accordingly.