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Fault versus no-fault divorces

On Behalf of | Jul 19, 2017 | Divorce

Are you facing the idea of ending your current marriage and starting over again? Your initial concept of happily-ever-after may have included your current spouse, but now you’re not so sure. Yes, you still intend to be happy, but you know that you may be happier if you face the future without your current spouse at your side. 

As attitudes toward divorce soften, less people are feeling the social stigma of divorce and are choosing to live an authentic life that makes them truly happy. You may be one of those individuals considering divorce and now your head is swimming. How do I get a divorce? What are the differences between a fault and a no-fault divorce? Is there any help available to me?

How to file for divorce

In every state, the process for filing for divorce varies. Some states require a period of separation before the granting of a divorce. In Ohio, you can seek divorce for either no-fault or fault reasons. Other state specific laws exist for divorce, and you may choose to access many of the resources readily available to you in order to learn more about the specifics of divorce before initiating the end of your marriage.

No-Fault divorce

A no-fault divorce means that when you file for divorce, you do not have to prove any fault on the part of your spouse in order to be granted the divorce. Your state may require you to live separately from your spouse for a period of time before the formal approval of your divorce. Your spouse cannot object to the divorce because doing so is considered an irreconcilable difference. 

At-fault divorce

In some cases, an at-fault divorce may be a better choice for you. If your spouse abandoned you, has been extremely cruel to you, has committed adultery or a few specific other actions, you may be eligible for this type of divorce. When you bring this type of divorce case before a court, you will need to prove your case, but you may be eligible to receive a greater portion of the marital property and assets.

Help is available

You don’t have to face the end of your marriage alone. You may choose to enlist the assistance of a family law attorney who can help guide you through the divorce process. An experienced divorce attorney can help answer any questions that you have about divorce, property division and child custody issues when you are facing the end of your marriage.


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