Fault & No-Fault Divorce

There are two main options when a spouse chooses to file for divorce: divorce based on no-fault grounds and divorce based on fault grounds. Not all states recognize fault grounds as a means for divorce, but even when it is not recognized the other spouse’s actions are still considered when making a ruling and distributing property, assets, alimony, etc. However, at-fault divorce can be difficult to prove and often more time consuming and expensive. But if the judge determines that there is fault as to why the marriage can no longer function, you may be able to receive more favorable outcomes from it. At the Law Offices of Theodore H. Enfield, P.A., we can provide you with a Boca Raton divorce lawyer.

Difference Between Fault & No-Fault Divorce

No-fault divorce is recognized by all states and is a type of divorce in which neither spouses have to prove any fault on the part of the other spouse as to why the marriage didn’t work out. The reason given could be as simple as “irreconcilable differences” or “irretrievable breakdown of marriage,” meaning that for whatever reason you and your spouse can no longer get along as a couple. In no-fault divorce, a spouse cannot object to the other spouse’s petition for divorce, since an objection itself could be an example of the irreconcilable differences. Some states require certain measures be taken in no-fault before the divorce is granted, such as living separately for a certain period of time.

Fault divorce is a lot less common nowadays, since no-fault is accepted in every state. However, sometimes petitioning for fault divorce can be helpful in certain relationships to establish fair alimony and distribution of assets. Fault divorce, as the name implies, is based on proving that the other spouse was responsible for the failure of the marriage. If both spouses were to file for fault divorce and both were able to prove fault, the court would decide which spouses was least at fault to determine benefits and grant the divorce. This is known as “comparative rectitude.” A Boca Raton divorce attorney can help you through your fault or no-fault divorce process.

Filing for Each Type of Divorce

Filing for fault & no-fault divorce is relatively similar, the main difference lies in the courtroom trying to grant the divorce. Most states require that at least one of the spouses be a resident of the state for a certain period of time. You must also fill out all the necessary paperwork and provide required documents. Any issues could lead to your case being delayed. A divorce lawyer in Boca Raton can help you file for divorce and oversee the entire process so nothing delays your divorce.

Impact of Fault in a Divorce

Determining fault in a divorce can heavily influence distributions and rulings by the court to each spouse. At fault-divorce can be due to different circumstances, some being more impactful than others. Common reasons include adultery, unknown pregnancy at the time of marriage, impotence, abandonment, abuse, incarceration and wasting financial funds. These factors can heavily influence how much alimony is awarded to a certain spouse, how assets are distributed between the spouses and who gets child custody. At the Law Offices of Theodore H. Enfield, P.A., we can provide you with divorce lawyers in Boca Raton to handle a fault divorce.

Boca Raton Divorce Lawyers

Having an experienced attorney by your side can be incredibly helpful whether you or your spouse has filed for fault or no-fault divorce. An attorney will look out for your best interest by ensuring that your rights are protected, offering you counsel, helping you through the filing process and helping you prove or disprove fault. Contact us today for a divorce attorney Boca Raton residents can trust.

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