No-Fault Divorce

Historically, when a couple wanted to get divorced, one partner would have to prove that the other partner was at fault for the dissolution of the marriage. Someone would have to commit adultery, abandon the other, become incarcerated, no longer be physically able to have intercourse, or be abusive in order for a divorce to be granted.

No fault divorce changed that and allowed couples to file irreconcilable differences or similar terminology for the reason the divorce needs to occur. No fault divorces are used widely, and now every state accepts no fault divorces.

However, fault divorces still exist and can be an attractive option to some individuals seeking a divorce because they do not require that a couple live apart from one another and generally the injured party of a fault divorce gets a larger piece of the marital assets.

In a fault divorce, the person accused of being the reason for the marriage has a chance to defend themselves. Usually the court will still grant the divorce if they are asked for one, but a defense may influence the division of assets.

A Columbia, Maryland family law attorney can provide more information about no fault divorces.