Fault Vs No Fault Divorce

Let’s look at the main differences between a fault and no-fault divorce.

What Is A Fault Divorce?

In most states, couples must cite specific grounds for a divorce, typically including the following circumstances:

• Adultery.
• Impotence.
• Physical or sexual abuse.
• And more.

When one spouse cites a reason for divorce, the other spouse will have the chance to respond. At this point, the at-fault party can contest the grounds. Without any proof, though, the divorce process could completely fall apart.

What Is A No-Fault Divorce?

In a no-fault divorce, neither party will have to prove the other party is at fault in order to justify the divorce. Instead, one of the spouses must simply assert that he or she believes the current marriage to be irretrievably broken. Neither party will have to prove impotence, adultery, cruelty, or any other grounds for a divorce with this process.

There is only one exception to this rule, however. Couples that choose to enter into a covenant marriage or convert their marriage to a covenant marriage are not eligible for a no-fault divorce. In this marriage, the couple will agree to premarital counseling. The couple will also agree that a divorce will only be granted in the event that certain grounds for a divorce are satisfied. Under Arizona law, the possible grounds for dissolution of a covenant marriage include the following:

• Abandonment.
• Adultery.
• Physical and/or sexual abuse.
• Committing a felony.
• Drug or alcohol abuse.
• Both parties agree to dissolution of the covenant marriage.
• Living apart for at least two years prior to the petitioner filing for the request for dissolution.

What Are The Differences Between Fault And No-Fault Divorce?

In each and every state, the divorce process will begin when one party files the official paperwork within the court system. The biggest difference between fault and no-fault divorces is the specific reason for the divorce.

One party needs to choose a reason why a divorce is needed, even if the other party disagrees. The couple can then go to court to work out their differences.

In no-fault divorces, one party will cite “irreconcilable differences” and the break-up proceeds. The reason for the divorce will not be examined as the case moves on.

Source: “Fault Vs. No-Fault Divorce: Understanding Both Options” Hello Divorce https://hellodivorce.com/divorce-planning/fault-vs-no-fault-divorce