Secondary MENU

Explaining No Fault Divorce

Many people have the term no fault divorce, but don't know exactly what it is.

In this quick guide, you'll learn what that term actually means, how it applies, and what other points of consideration there are with this process.

While it's never pleasant to have to be considering divorce and the ramifications of that, it's always a wise idea to inform yourself as much as possible so you know what to expect, and what to seek out or avoid.

Simply put, a no fault divorce is aptly named because nobody is pointing the finger at the other and accusing them of being at fault.

Being at fault, in a marriage, could be any number of potential grounds for divorces, such as adultery, domestic violence and much more.

In the case of a no fault divorce though, the commonly used phrase is simply irreconcilable differences, although different states use different terms.

This means that the marriage simply isn't going to work anymore, but neither party is presenting evidence to try to prove the other party at guilt, or get more favorable outcomes as a result of that proof.

With at-fault divorces, immediate action can often be taken to end the divorce and begin those proceedings.

However, with a no fault divorce, there is often a required allotment of time of separation before a divorce can take place.

For example, in some states, if the two parties come to a voluntary separation agreement, they must live separately, without a sexual relationship, for 12 months before the divorce.

If they try to get back together during that period, the clock is reset.

At the same time, without an official agreement, two parties who have lived apart for two years can then move ahead with the divorce.

It's important to remember that during this time, the two parties are not legally cleared to have sex with other partners either.

That would then leave you susceptible to an at fault proceeding for adultery.

One of the upsides of the no fault divorce is that hopefully the two sides can be more amicable during the process.

Maybe things can be settled out of court with attorneys and mediators beforehand, as opposed to taking the case to trial - although that certainly does not always happen.

The downsides though is that it may be harder in court to get a favorable outcome for yourself.

For example, with no fault, mothers are favored in terms of child custody, and at the same time, women also get less financial support in many cases.

So there are ups and downs on both sides, although it's usually more positive to have things settled based on need and circumstance than fault.

So, a no fault divorce is exactly what it sounds like, and it shouldn't be any more confusing than that now that you have seen what it translates to.

The two sides don't have to prove anything, instead, they go ahead with a separation and then the divorce, and hopefully will be able to avoid court as a result and settle things with an agreement which in turn is a less ugly and harsh path.

For help resolving any divorce issues quickly, please check out my advocate service by Clicking Here.


Article written by: