Fault Vs No Fault Divorce
What should couples know about the differences between a fault and no-fault divorce? Let’s take a look at which process is best for your situation.
What Is A Fault Divorce?
In this divorce setting, a couple needs to cite specific grounds for the divorce. Typically, the following circumstances are cited for divorce:
- Impotence.
- Adultery.
- Physical or sexual abuse.
The other spouse is given a chance to respond whenever a spouse cites a reason for the divorce. This is the point in time when the at-fault party may contest the grounds. Without any proof, it is possible for the divorce process to fall apart completely.
What Is A No-Fault Divorce?
Neither spouse needs to prove the other is at fault to ultimately justify the need for divorce during this specific process. Instead, one spouse must simply assert that they believe the current marriage is irretrievably broken. With this divorce process, neither spouse needs to prove adultery, impotence, or any other common ground for divorce.
However, there is one exception to this rule, as couples who enter into a covenant marriage or convert their marriage to a covenant marriage are not eligible for a no-fault divorce. In this marriage type, the couple agrees to undergo premarital counseling. The couple must also agree a divorce will only be granted if specific grounds are satisfied.
Here are the possible grounds for dissolution of a covenant marriage in Arizona:
- Adultery.
- Abandonment.
- Committing a felony.
- Physical and/or sexual abuse.
- Drug and/or alcohol abuse.
- Both parties agree to dissolution of the covenant marriage.
- Both parties live separately for at least two years before the petitioner files for the dissolution request.
Fault Vs No-Fault Divorce Differences
Regardless of the state, each and every divorce process will begin when one spouse files the proper legal paperwork within the court system. The specific reasoning for the divorce is the biggest difference between a fault and no-fault divorce process.
In a fault divorce, one spouse must state a reason why a divorce is called for, even if the other spouse disagrees with the reasoning. The couple can then work out any differences in a court setting.
With a no-fault divorce process, one spouse simply cites “irreconcilable differences”, and the break-up ultimately proceeds. As the case progresses, the reason for the divorce will not be examined further.
Source:
- Fault Vs No-Fault Divorce: Understanding Both Options Retrieved on May 19, 2025 from https://hellodivorce.com/divorce-planning/fault-vs-no-fault-divorce
Ogborne Law, PLC In Scottsdale, AZ
Discussions about child custody issues are always difficult during a divorce. While there is no way to make them easy or comfortable, you can find ways to work together. The collaborative divorce process helps with tools and professionals to make child custody and other decisions a little more manageable. By working together as a team, you’re able to make the decisions that are best for the kids.
Collaborative divorce can make these challenging times more manageable. It requires you to work with your spouse at a time when you have decided you need to go your separate ways. When it comes to child custody, though, you want to do all you can to make the right parenting decisions. Collaborative divorce can help create pathways for you to cooperate. If you live in the Phoenix/Scottsdale area and want to learn more about collaborative divorce, contact Ogborne Law today.
