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No-Fault Divorce Vs. Fault Divorce

Salt Lake City Divorce Attorneys

When two people fall in love, the chances are that they will end up getting married. Marriage is a natural reaction as most people like to spend their lives living with someone. It is in nature to bond and share beautiful moments with a loved on.

However, just as things can easily become beautiful, they can just as easily become intolerable. What once was a happy marriage is not a war over property and custody.

Divorces happen often than they expect them too; so often that according to the statistics, every couple has about 50 – 50 chance of both success and separation.

There are two types of divorces:

  • No-fault divorce
  • Fault-based divorce

Here is everything you need to know about these two types of divorces.

No-Fault Divorce

Most of the time, a no-fault divorce refers to a type of divorce in which there are no “responsible ones”, meaning that things may have just changed, without any of the spouses is actually responsible for doing something that can ruin a marriage.

The most common ground for a no-fault divorce is irreconcilable differences or irreparable breakdown of the marriage.

In any case, the court does encourage divorce and will grant it in the majority of cases. A spouse cannot object to another’s petition for a no-fault divorce, as the objection can be viewed as “irreconcilable difference” in the eyes of the court.

The no-fault divorce is recognized in the majority of states in the U.S. The main requirement is that the two spouses live separately for a certain amount of time before they file for divorce.

Contact Salt Lake City Divorce Lawyer to learn more about no-fault divorces.

Fault-Based Divorce


When it comes to fault-based divorces, the first thing that you need to know is that they are not very common and not even recognized in some states. Usually, the most common ground for a fault-based divorce involves certain actions that jeopardized the marriage. These actions involve:

  • Adultery
  • Domestic violence
  • Abandonment
  • Prison confinement
  • Inflicting emotional or physical pain to another spouse

Another important difference between the no-fault and fault-based divorces is that face that the two spouses don’t have to live separately before they file for a fault-based divorce. Also, if able to prove that your spouse committed any of the above-listed actions, you may receive a greater distribution of assets from your marriage.

That being said, fault-based divorce is more difficult to handle and process, and the one that usually turns two people against each other.

If you are filling for a fault-based divorce (or being filed against), you should consult with an attorney and consider hiring one to protect your best interest as you may end up losing everything you had. Your kids, your home, your car, everything.

Are you willing to take that risk? If not, contact Family Law Attorneys today and schedule your free consultation. Let them evaluate your case and help protect your best interests. You only get one chance to do things right.

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