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Choose the type of divorce you want based on the facts

One of the most common questions attorneys are asked when clients come to them seeking divorce is, "Is a no-fault or at-fault divorce better?" Both types of divorce can be beneficial in some cases, but deciding on which to use may come down to your personal preference.

In a no-fault divorce, neither party is blaming the other. That means that no one has to take time to prove fault, either. The couple may choose to divorce based on irreconcilable differences or a breakdown of the marriage and nothing more. All states recognize the right to a no-fault divorce, but couples may be required to live separately for a length of time based on where they wish to divorce.

With an at-fault divorce, that requirement to live apart is taken away. Fault-based divorces usually involve:

  • Prison confinement
  • Adultery
  • Abandonment
  • An inability to have sexual intercourse
  • Cruelty

If one of these faults is not present in the relationship, then the likelihood of being able to go through a fault-based divorce is low. If you can prove fault in your case, you may be able to obtain a larger distribution of the marital assets you share with your spouse, which is sometimes the goal of choosing the at-fault divorce option.

Your attorney can give you more information on what it would take to win an at-fault divorce case. No two cases are alike, so it is important that you consider your options carefully before moving forward. The right outlook, guidance and support can help you make the right choice. Our site has more on what you should know about divorce.

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