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Fault-based or no-fault divorce? Which is better?

In many cases, people choose to enter into no-fault divorces. They decide that it's fair because while one person might have been more to blame than another, both parties contributed to the breakdown of the marriage.

In a no-fault divorce, neither party takes full responsibility for the end of a marriage. In court, you don't have to show any fault to prove wrongdoing, either, which makes it easier to proceed with your divorce without blaming either party.

Is it best to choose a no-fault divorce?

Unless there is a fault that will help you get a divorce more quickly, a no-fault divorce is the right choice. People may choose to pursue a fault-based divorce if there was:

  • Adultery
  • Cruelty
  • Confinement in prison for extended periods of time

or one of several other possible faults. If these aren't factors in your case, then a no-fault divorce might be the right option. If you and your spouse have simply grown apart, then a no-fault divorce is the right choice.

Keep in mind that a no-fault divorce generally takes longer than a fault-based divorce. Why? There is a separation period. The separation period for a no-fault divorce is one year or longer, while there is no waiting period when there is a fault.

You may not be sure which route to take in your case. If you're not sure if you want to file a fault-based or no-fault divorce, your attorney can help you go through the factors that could influence your decision. In either situation, a divorce is possible given enough time.

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