No-Fault vs. At-Fault Divorce

No-Fault vs. At-Fault Divorce

The main difference between a no-fault and an at-fault divorce lies in the reasons for  the divorce.

The Difference Between Fault and No-Fault Divorce

No-Fault Divorce

In a no-fault divorce, a spouse does not have to prove that the other spouse was at fault. It is sufficient to state that the marriage is not working because of one or more of the following reasons:

  1. The spouses are incompatible.
  2. There are irreconcilable differences in the marriage.
  3. The marriage has irretrievably broken down.

The courts do not require the petitioning spouse to provide proof about what went wrong in the marriage.

The spouse who is served with the divorce petition cannot object to the divorce itself. If he/she does object to the fact a divorce was filed, the court will simply consider the case to be a divorce by “irreconcilable difference.” However, in rare cases, where the evidence is compelling, the courts may investigate further.

The spouses are required to live separately for a specified period before filing for divorce in a no-fault divorce state. This period is also referred to as the “cooling off” period.

At-Fault Divorce

An at-fault divorce requires the petitioner to allege marital wrongdoing or offense on the part of the other spouse, and provide evidence for it.

Potential Reasons for At-Fault Divorce

  • Bigamy
  • Adultery
  • Fraudulently or forcefully getting married
  • Abandoning the spouse without reason
  • Abuse (emotional or physical)
  • Addiction
  • Impotence
  • Incurable mental illness
  • Any other reason specified by the state

The courts require the alleging spouse to provide evidence of the wrongdoing. An at-fault divorce process can be marred by acrimony, lies, investigations, deception, and false counter-allegations. The courts can take a long time to resolve at-fault divorce cases.

The courts provide the other spouse an opportunity to provide counterevidence for the allegations of marital wrongdoing. In very rare cases, the other spouse may admit to wrongdoing but still defend his behavior by proving that the alleging spouse condoned his/her behavior, connived with him/her in his/her wrongdoing or triggered the wrongdoing, or provoked him/her into committing a marital offense. Defending marital offenses requires witnesses, documentation, investigations, etc. Often, at-fault divorces take a long time to complete and are expensive. Therefore, at-fault divorces are rarely alleged.

Other factors to Consider

As of 2021, just 19 U.S. states are truly no-fault divorce states. A spouse cannot file for an at-fault divorce in these states.

All other states follow the at-fault divorce rule but allow spouses to file a no-fault divorce petition. A spouse can choose to file an at-fault or no-fault divorce in an at-fault divorce state depending upon the circumstances that led to divorce.

Everyone filing for a divorce, be it a no-fault divorce or an at-fault divorce, is required to fulfill their state’s residency requirements.

An at-fault divorce takes time and costs much more than a no-fault divorce, which is simpler and more affordable.

Another at-fault vs no-fault divorce factor to note is that states that follow the at-fault divorce rule allow spouses to file a no-fault divorce petition. However, states that follow the no-fault divorce allow a spouse to file an at-fault divorce petition only in rare cases.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
Based on 1010 reviews
Helped me with everything, supported me in all my decisions! Communication is top notch! Never worked with a lawyer who was so easy to get a hold of! They are the best!
Daniel is a wizard. He’s incredibly knowledgeable and has a real gift for walking you through stressful situations with clarity and calm. He makes the process feel easy when it could otherwise be overwhelming. Highly recommend working with him!
⭐️⭐️⭐️⭐️⭐️

Navigating a divorce is never easy, and I am so grateful to have had the support of attorney Nathaniel Garrabrandt and paralegal Carren Leavitt. From start to finish, they were responsive, professional, and compassionate. I really appreciated the weekly check-in Every phone call and email was answered promptly. There were moments when I needed immediate help with custody issues and protection—Nathaniel handled those situations with calm expertise and gave me the reassurance I needed during such a stressful and uncertain time.

Divorce can feel overwhelming, but having strong legal guidance made all the difference. Nathaniel and Carren provided not only the legal knowledge but also the steady support that helped me feel protected and confident moving forward. I couldn’t recommend Briwn Family Law more highly to anyone needing a reliable and caring legal team!
David Handy and his team were fantastic in helping me navigate custody time with my daughter. He gave the me reassurance and encouragement I needed with each step and I couldn't be more grateful to him! Thanks David! And to his team Candace & Brooklyn for being very helpful in keeping constant communication open. I enjoyed working with everyone!
I had a great experience. Amazing guidance and direction to best help me and my situation.
This has honestly been a first-class experience! I've gotten to work with many attorneys throughout my life and none have been as attentive as, Clay Randle has been.
Daniel and Carren were great to work with. They took time to help me understand the process and get through a difficult time. When I had questions they were quick to respond and really listened to my concerns.
Glad Jason was fired. Clay can handle any case like a champ. Thank you brown family law.
Kayelise was the easiest to talk to. She addressed all my questions regarding my divorce and has so much empathy for those she talks to. I can’t thank her enough for her guidance in my divorce and answering all my questions.
I have had the privilege of working alongside Nate Garrabrandt through our BNI group and hearing him share valuable insights every week about the divorce process. Even though I haven’t personally needed the services of Brown Family Law, I can confidently say that Nate is extremely knowledgeable, well-educated, and passionate about helping his clients navigate such a challenging time. His professionalism and expertise stand out, and I would not hesitate to recommend him and his firm to anyone in need of a skilled divorce attorney.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories