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The difference between fault and no-fault divorces

On Behalf of | Apr 6, 2018 | Divorce

If you are planning on getting divorced, it helps to know what your options are as you begin the process. There are many ways you may pursue a divorce depending on your relationship and the state laws that manage divorce proceedings. Ohio is a unique state that recognizes both fault and no-fault divorces.

Irreconcilable differences

Divorces based on irreconcilable differences are an example of a no-fault divorce. All you need to provide the court is a reason such as this as to why you are filing for a divorce. There is no further evidence required to move the process forward. However, there may be a required waiting and separation period to ensure you are confident about your legal decision.

Specific Fault

Fault divorces are less common than no-fault divorces. However, the main difference is the fact that family courts will require a more specific reason for your decision rather than simply stating “irreconcilable differences”. If you are filing a fault divorce, you may accuse your spouse of committing infidelity, abuse, abandonment or even the inability for him or her to perform sexual intercourse.

Fault divorces do not carry the pre-requisites of a no-fault divorce. There is no mandated waiting and/or living apart necessary before finalizing the divorce. The spouse who legally faults the actions of the other spouse is also more likely the recipient of the assets accumulated during marriage. These differences can make a fault-divorce more appealing than a no-fault divorce.

Make your choice

In Ohio, you have your choice of the type of divorce you want to file and each path has its own advantages. Making these life shifts is seldom easy to accomplish. Legal resources and support is available to people who need additional help choosing the best divorce option and moving forward.

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