What Is the Difference Between a Fault and No-Fault Divorce?

In a fault divorce, the submitting partner holds the other party accountable for the marriage’s demise, whereas in a no fault divorce, no culpability is assigned to either party.

The reasons for the divorce are what distinguishes a fault divorce from a no fault divorce. In the first instance, the partner applying for divorce blames the other spouse for destroying the union, whereas in the second case, neither side is blamed. State rules differ significantly. Some governments only have defect reasons. Many of them have both blame and no-fault reasons. (Georgia, for example, has one no fault ground and 12 fault grounds). To handle state-specific rules, it is always a good idea to contact an expert.

It is usually more difficult and costly to obtain a divorce on blame grounds. Before applying for divorce, make sure you understand the rules in your state.

Certain flaw areas provide a strategic edge in some states. Adultery, for example, is used by some to refuse compensation.

Possible reasons for blame divorce include (but are not limited to):

Adultery
The wife’s pregnancy at the time of marriage was unknown to the spouse.
Abandonment or desertion (specified length of time depends on state)
Abuse (physical, emotional, or psychological abuse) or Animal Cruelty
Incarceration (specified length of time depends on state)
Insanity
Impotence
Abuse of substances
Sexually transmitted illness infection
Marriage of individuals who are too closely connected (in some states grounds for annulment)

Possible reasons for no-fault divorce include (most states only have one, and you must use the proper phrasing). Some governments employ one or more of the following methods):

Living apart for an extended stretch of time
Disagreements that cannot be reconciled
Marriage irreparable collapse
The union is irreparably damaged.

A fault divorce requires no formal split time, whereas a no fault divorce may require an early term of separation extending up to two years in some jurisdictions.