The Best Alternative: Fault or No Fault Divorce

While all states currently offer no fault divorce —New York State was the last one to approve this provision in October 2010—this does not restrict anyone getting divorced from choosing to file under the old provisions of the law. The important thing to remember is that no fault divorce is a much smoother road to travel, but it also requires a divorcing couple to agree on the provisions of the divorce in order to avoid the possibility of a long drawn out argument among the divorce lawyers. No fault divorce laws were created to accommodate those couples that could no longer live together but had no real reason for getting divorced.
Why would a person want to file for divorce under anything outside of no fault? There are very good reasons someone may make this choice with the most common one being that one party has a reason to divorce, and the other spouse is attempting to avoid the break up of the marriage . Even though all 50 states now offer no fault divorce, couples still have the option of filing for other reasons such as:
• Adultery
• Mental or physical cruelty
• Failing to financially provide for the family
• Filing a fraudulent marriage application
• Lying about yours or your family 's background
Of course, adultery and mental or physical cruelty are the most common "fault" petitions though they can sometimes be difficult to prove. In addition, choosing a reason other than irretrievable break down of the marriage opens the door to a long drawn out contested divorce. This can be a traumatic experience if there are children, so no matter what the reason for getting divorced might be, you want to make it as easy on the children as possible—this is where a no fault divorce is much better than failing other the old "fault" provisions.
When no fault is so much easier, why do some people still want to file under the old provisions of the divorce law? One of the possibilities here is unfortunately revenge. Even if there was adultery or mental or physical cruelty involved, everyone would be able to move forward sooner if the couple chooses to agree to disagree. Unfortunately that doesn't always happen even when the party committing the act knows he or she was in the wrong. Sometimes even when couples agree they can no longer live together they are unwilling to let go of the marital bonds, so they feel the need to drag out the inevitable as long as they possibly can.
When you are thinking about getting divorced, talk to a divorce lawyer before you make a decision about how you want to file the petition. The lawyer can provide guidance that will help you choose the right route—no fault or fault—based on your specific situation and what is actually going on in your marriage. Keep in mind if you file under anything other than no fault, and your spouse contests the charges you will need to provide proof.