Divorce is a difficult process to go through. One thing that makes it even more difficult is figuring out what type of divorce you need to file for. You have two options, fault or no-fault. You might be wondering, what is the difference between the two? How do I know which one applies to me? The distinctions are pretty simple. Reasons for fault divorce include infidelity, desertion, drug or alcohol addiction, and many others. The distinguishing factor for a fault divorce is that one spouse is at fault for the divorce. But in a no-fault divorce, the feeling is basically mutual. There are three situations that are eligible for no-fault divorce.
1. Irreconcilable Differences
This is one of the most common reasons for no-fault divorce. Irreconcilable differences are sighted when the couple decides that they are no longer compatible with each other. There may be many reasons as to why that is. Most couples who file for divorce under this claim are people who can no longer agree on anything. They have tried basically everything to save their marriage, but nothing has worked. The only option left is divorce.
2. Incompatibility
Another reason for no-fault divorce is incompatibility. Incompatibility literally means that the couple no longer feels compatible with each other. The grounds for divorce are plain and simple. The couple does not feel like they are able to live together anymore. When this happens, the divorce proceedings are fairly easy. The courts are not interested in why the marriage is ending. All they care about is that it is over. No one is at fault here, so the proceedings can continue without much issue or court time.
3. Irretrievable Breakdown
The last reason for no-fault divorce is irretrievable breakdown. In this instance, both parties are admitting that the marriage is ending. There is no hope of it being salvaged. The couple has no options left other than to separate. Through this method, divorcing couples can quickly complete the process of divorce due to the short amount of court time that they will have to take part in.
Similarities
All three of these methods qualify as forms of no-fault divorce. So, what do they all have in common? All three are not concerned with who did what. That’s why they are referred to as reasons for no-fault divorce. There is no proof of any form of wrongdoing like what would be found in a fault divorce. Neither spouse cheated on the other or abused the other. There was no history of a harmful addiction or any mental illness. Instead, both spouses have mutually agreed, for whatever reason, that it is time to end this chapter in their lives and go their separate ways.
While no divorce is ever a fantastic thing, they are sometimes unavoidable. Choosing to separate through a no-fault divorce can make the entire process a bit easier because the reasons for separating are mutual. There is less of a chance of a major fight in court. If you or someone you know is considering a no-fault divorce, but might not know how to start, feel free to contact Christine Howard. Christine and her team of attorneys frequently deal with these cases and would be happy to answer any questions you may have. If you would like to get in touch, call (864) 282-8575 or email at info@christinehoward.com.