Filing for divorce means making a lot of decisions, and one of the first is choosing how to file. Typically, there are two options: a fault-based or no-fault divorce. You have probably heard those terms if you’re in the initial phases of your separation, but you might not understand what they mean or how they can affect your case. Below, we review what fault-based and no-fault divorces entail and which one you should probably file for.
What a No-Fault Divorce Means
A no-fault divorce lets either spouse end the marriage without proving that the other did anything wrong. You don’t need evidence of bad behavior. You just cite “irreconcilable differences” or something equivalent, and the court accepts that the marriage has broken down. It’s the more common path, and in many states, it’s the only one.
What a Fault-Based Divorce Means
A fault-based divorce requires one spouse to prove the other caused the marriage to fail. Common grounds include adultery, abandonment, abuse, impotence, or substance addiction. If you go this route, you must present evidence, and your spouse can dispute it. That means more court time and, typically, higher legal costs. The trade-off is that proving fault can influence property division or alimony in favor of the non-guilty party, which makes it worth pursuing in certain situations.
States That Don’t Allow Fault-Based Divorce
Not every state gives you a choice. Seventeen US states only recognize no-fault grounds, meaning you can’t assign blame even if you want to. For example, the impact of a no-fault divorce in Washington is unavoidable, as it’s the only option. Residents there can’t pursue a fault-based filing regardless of what happened in the marriage. Knowing where your state stands is the first thing to confirm before you plan your approach.
How To Decide Which One To File Under
If you live in a state that offers both options, ask these questions to guide your choice:
- Do you have documented evidence of misconduct? Without solid proof, a fault-based filing can drag out your case without producing better results.
- Does fault affect finances in your state? Some states allow judges to factor in marital misconduct when dividing assets or awarding alimony. Others don’t consider it at all.
- How quickly do you need this resolved? No-fault divorces typically move faster because they skip the evidence phase entirely.
- What’s your relationship with your spouse like? A fault-based filing escalates conflict. If you’re both open to an amicable split, no-fault keeps things cleaner.
Talk to a Family Law Attorney First
Deciding whether you should file for a fault-based or no-fault divorce can influence how long the court process takes, how much it costs, how much you walk away with, and how contentious things get. Don’t guess on something this consequential. Instead, contact an attorney. They can tell you exactly what grounds apply, what evidence you’ll need, and whether filing fault-based actually benefits you financially.