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Fault and No Fault Divorce: What Is the Difference?

By Robert L. Froerer on October 13, 2016

Rocks balanced by the waterThe legal team at Froerer & Miles has helped countless people in and around Ogden with that legal needs. When it comes to family law matters, we are especially attentive to the emotions involved and how contentious such issues can be. That is why so many clients trust us with legal matters related to divorce and separation.

There are different reasons for getting a divorce, and while they may be intensely personal, they can be legally classified as fault or no fault. Let's go over the differences between no fault divorce and fault divorce right now.

What Is No Fault Divorce?

A no fault divorce is one in which neither spouse can cite a specific fault that is grounds for a divorce. A no fault divorce may be the result of irreconcilable differences and irreparable breakdown of the marriage. Ultimately, these issues mean that the married couple no longer gets along and cannot sustain the marriage.

What Is a Fault Divorce?

A fault divorce, by comparison, are less common than no fault divorces. Many states do not even recognize no fault divorces any longer. Fault divorces cite a specific grounds for divorce that affect the nature of the marriage.

Grounds for Granting a Fault Divorce

Some potential ground for a fault divorce include:

  • Adultery
  • Spousal abuse (physical or emotional)
  • Prison time
  • Abandonment of the spouse
  • Inability to have intercourse

Each of these matters can be discussed in greater detail with a divorce attorney, allowing you to understand the ideal manner in which to proceed.

Fault Divorce and Comparative Rectitude

Comparative rectitude refers to cases in which both spouses apply for fault divorce, citing reasons why the other person is at fault. The court will determine who was more at fault in the situation.

Legal Strategies for Fault Divorce Cases

If faced with a fault divorce, there are some legal options for addressing the grounds for divorce. In the case of adultery, for instance, one can allege connivance, meaning that the other spouse agreed to and perhaps even participated in the alleged infidelity. Condonation may also be noted, meaning that the spouse knew about and forgave the alleged conduct.

Various legal strategies can be discussed in greater detail during a legal consultation, at which time we can go over the specifics of your case and what they entail.

How Divorce Attorneys Can Help

As we noted above, divorce proceedings can be extremely complicated, particularly given all of the emotions involved and what may be at stake for the couple and its children. We will provide expert counsel and guidance through the divorce case, helping all parties reach an end to the marriage that is agreeable. This peace of mind will help you put your life on the right track moving forward.

Learn More About Family Law Matters Today

For more information about divorce law and other legal matters related to marriage and family issues, be sure to contact our team of attorneys today. The legal team at Froerer & Miles is here to help you in your time of legal need.

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