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What is the difference between a ‘fault’ and a ‘no fault’ divorce?
Some states allow termination of marital status on both a basis of fault and alternatively on the basis of no fault. Grounds for fault include adultery, physical or mental cruelty, desertion, alcohol or drug abuse, insanity, impotence or infecting the other spouse with a venereal disease. The respective rights to distribution of property and spousal support can be affected by a spouse’s fault in causing the breakdown of the marriage in some states.
In a no fault dissolution of marriage, a declaration by one spouse of the marriage that irreconcilable differences have arisen that neither time nor counseling will cure is sufficient grounds for a court to terminate the marriage and return the former spouses to the legal status of unmarried (single) persons. In a no fault divorce or dissolution of marriage, the actions of the respective spouses in the breakdown of the marriage does not affect property distribution or spousal support rights.
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