There is now a “no fault” divorce option, which enables the state to allow a divorce without there being a fault assigned to anyone. In other words the spouse filing for divorce, or the petitioner does not have to prove any wrong doing. Now for many states, the law requires that for a no fault divorce they have to wait for a period of separation. The length of separation can vary from six months up to 3 years, depending on the state where you are living. Not everyone wants to wait this long. They want the marriage over and done with, and an at fault divorce can provide this.
The at fault divorce means that the petitioner needs to provide the grounds for divorce, or in other words, give a reason for the divorce. For many states, it is a quicker way of getting the divorce, but you do have to be careful, because by choosing this route, you could lose financially if you are the one at fault. In some states, if a spouse can successfully prove the other person’s infidelity, for example, then they may receive a larger portion of the marital assets.
Depending on your financial situation, this could be a significant loss, and one which you may not want to consider.
The most regularly used grounds for divorce are
- cruelty – the infliction of physical or emotional pain
- adultery
- desertion for a specific number of years
- confinement in prison for a number of years, and
- physical inability to have sexual intercourse, but only if this condition was not disclosed before the marriage took place.
As with most matters, you need to seek the advice of an attorney in the state where you are living to make sure that you get the appropriate information and advice for your situation and that state.
Note that when children are involved in a grounds for divorce case, their needs have to be taken into account too, and this can make the custody topic very emotional, and the division of assets more complicated.
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