Divorce is a difficult process even under the best circumstances, and the effects can last a lifetime. However, knowing what to expect can help clients ease the transition. Below is a brief explanation of the two main types of divorce as well as some information on how a Divorce Lawyer with The Law Offices of Elan Wurtzel can help.
No-Fault Divorce
In a no-fault divorce, the filing spouse is not required to prove fault on the other spouse’s part. All that is necessary is for the spouse to provide an acceptable reason such as irreconcilable differences. Spouses cannot object to no-fault divorce petitions, and all jurisdictions recognize these divorces. However, spouses in some areas must live separately for a predefined period before filing can occur.
Fault-Based Divorce
Fault-based divorces are rare, and many jurisdictions no longer recognize them. In the limited areas where fault divorces are recognized, a spouse must request the divorce based on the other party’s fault. The most commonly cited reasons for fault-based divorces are:
* Infidelity
* Abandonment
* Incarceration
* Physical inability to consummate the marriage
* Physical, mental or emotional cruelty
In areas recognizing fault divorces, there is no need for the spouses to live apart before filing, and the blameless spouse often gets a more significant share of the marital assets.
Fault Divorce Defenses
Unlike no-fault divorces, spouses can object to fault divorces by hiring a Divorce Lawyer and presenting a defense. The most common defenses are as follows:
* Connivance is used as an adultery defense, and it is used when the complainant participated in the act.
* Condonation is used when the other spouse forgave the conduct and continued the marriage.
* Recrimination happens when the petitioner engages in conduct similar to that cited in the petition.
* Provocation is often used in cases of domestic violence where a spouse is forced to abandon the marriage and the home.
* Collusion is an agreement between spouses to fabricate divorce grounds.
Proving any of the above grounds can be time-consuming, costly, and complex. Moreover, courts are motivated not to force people to remain married, and they typically grant divorces despite the other spouse’s defenses.
