No Fault vs. Fault Based Divorce

Although each divorce case is unique and presents its own issues, all cases fall into one of two categories: no-fault divorce or fault based divorce. Most states have adopted statues that allow couples to file for no-fault divorces, in which neither party is forced to place blame on the other. Instead, couples must show that there is no possible reconciliation for their marriage and divorce is the only option available that both parties are comfortable with.

In situations where couples are forced to or choose to take the fault-based divorce, there is usually a waiting period before the divorce can be finalized. Some common situations where one or both parties seeks to blame the other include adultery, cruelty, desertion, insanity, a physical inability to have intercourse (if not divulged prior to marriage), a long separation, and conviction of a misdemeanor or felony.

In some cases where fault does not affect custody, property settlements, or alimony (spousal maintenance), the divorcing parties may ask the court to expedite the process and remove the waiting period for the divorce. This, however, is not available in all states and is granted on a limited basis.

If you would like to speak to a Los Angeles divorce attorney, contact our law office now.