Difference between a fault and no-fault divorce

The difference between filling for a fault or no-fault divorce can be substantial and which one applies to you depends on where you live.

No matter how bad one’s marriage might be, the thought of a divorce is never pleasant. Lengthy legal proceedings, court appearances, and expensive lawyer bills can all put the breaks on plans to end a marriage. While some couples may choose to simply live apart to avoid a nasty divorce, it takes legal action to truly dissociate one’s name from an ex-husband or ex-wife completely. Thanks to a no-fault divorce it is possible to end a marriage without a nasty court battle. Keep reading to discover the benefits of a no-fault divorce. 

What is a Fault Divorce?

A fault divorce is a proceeding where one of the two spouses has what they consider reasonable grounds for a divorce. Some reasonable grounds include adultery, abuse, sexual issues, or abandonment. These divorces result in more favorable financial terms for the innocent party; however, it can be difficult to prove the fault and can lead to a lengthy and expensive court battle. Pennsylvania is one of the only remaining states to allow for at-fault divorces. 

What is a No-Fault Divorce?

On the other side of the coin is the no-fault divorce proceeding. In these cases, the separating couple can either divorce by equal consent, or you can press for a divorce if your spouse has been convicted of a personal injury crime against you or if you have been living apart for at least one year with no support from the other spouse. In these no-fault divorces, you can expect that property and even debt will be split more evenly. 

Which is Right for You?

While an at-fault divorce may provide the victim with a better settlement, a no-fault divorce usually involves less of a court battle. Since there is no need to try to prove the other spouse’s wrong-doing, the entire situation can be much more simple and easy to manage. During a no-fault divorce, you can expect to spend less money and get through the process much faster. If your ex-partner has been abusive or negligent, and you can easily prove it, an at-fault divorce will be an option that can help you to receive the largest amount of compensation. However, those who want a more simple divorce may choose to pursue no-fault filing. If you are torn between the best divorce for you, you should contact an attorney to discuss legal options for your unique case. 

Choosing to end a marriage is difficult and couples find themselves with many questions about the best way to move forward. If you are trying to end your marriage and unsure about the best option, feel free to contact our legal team. We will work hard to ensure that you get the best settlement with the least amount of time in court. 

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