Many divorces occur because spouses grow apart over time. No-fault divorce laws help protect the privacy of those who find that their values and priorities no longer align and choose to end their marriage.
Other times, people may decide to file for divorce due to far more serious issues. For example, perhaps they have experienced domestic violence. Maybe they learn that their spouse has had an affair.
In such cases, a fault-based divorce might be possible. The state recognizes multiple fault-based grounds for divorce. Those with proof of qualifying circumstances have the option of filing a fault-based divorce. Why do many people with actionable grounds for divorce still pursue no-fault divorces?
Proving fault is a contentious process
Even those who believe they have strong evidence of misconduct may find themselves fighting an uphill battle in family court. Those accused of fault in divorce proceedings often defend themselves aggressively, especially if the filing comes as a surprise. They do not want to admit that they caused the breakdown of the marital relationship.
As the conflict unfolds, the timeline for the divorce and the overall cost may increase. The intensity of the conflict in a fault-based divorce case can result in secondary social consequences, such as disputes with children and shared friends who believe the divorce has gotten messier than it needs to be.
Limiting the conflict that arises, keeping costs reasonable and preserving one’s privacy are all reasons that those with proof of misconduct may choose to file a no-fault divorce anyway. Spouses unsure of what approach to take can find having experienced legal guidance valuable. The claims made when filing for divorce can have a profound impact on the overall process as well as the eventual final decrees entered by the courts.