Fault Vs. No Fault Divorce Settlements

These divorce settlements happen when the parties cannot come to an agreement about the separation of property, support, or custody of the children and the court must decide the issues for them. In several cases the parties start out contested and then reach an agreement through the assistance of their retained divorce attorney.

The above terms should not be confused with “grounds for divorce” which are Fault Grounds and No-Fault Grounds.

Differences between Fault and No-Fault Divorce Settlements

Fault and No-Fault are the two basic types of divorce settlements.

A Fault-based divorce is one in which one spouse accuses the other of committing a wrongdoing, such as adultery, abandonment, or abuse. To obtain a fault-based divorce, the accused spouse must prove the wrongdoing in court. If the court finds that the other spouse is at fault, it may take that into consideration when determining the terms of the divorce, such as property division or alimony.

A No-Fault divorce, on the other hand, is one in which neither spouse is held responsible for the breakdown of the marriage. In a No-Fault divorce, the couple simply states that they have irreconcilable differences and that they wish to end the marriage. No-Fault divorce is the most common type of divorce in the United States.

In No-Fault divorce, the court will not consider which spouse is at fault when determining the terms of the divorce. Instead, the court will focus on the best interests of the couple and any children involved.

It’s important to note that most states in the USA have adopted no-fault divorce laws, and it’s not necessary to prove fault to obtain a divorce. This means that even in a no-fault divorce, certain factors such as infidelity may be considered by the court when determining terms of divorce, such as alimony.

Montgomery Kelley & Dennett are here to help!

Are you in need of legal assistance with your divorce and live in Hampton Roads, Virginia? At Montgomery, Kelley & Dennett we have decades of combined legal experience to pursue your case.