Ready for your divorce?
The wrong type of divorce could destroy your experience.
In the United States, almost 70% of divorce petitions are filed by women. Fault vs no-fault divorce and what type to file is no longer an option, but a very important part of the process.
Here’s the thing…
Very few people realize there are two entirely different types of divorce.
And picking the wrong type could cost you thousands of dollars, months of your time and heaps of unnecessary stress.
What you’ll discover:
- The 1 Big Difference Between Fault and No-Fault Divorce
- Why No-Fault Divorce Changed Everything
- When Fault Still Matters In Your Divorce
- How To Choose The Right Path For Your Situation
The 1 Big Difference Between Fault and No-Fault Divorce
Want to know the one key difference between fault divorce vs no-fault divorce?
Fault divorce means you need to prove your spouse was at fault for the divorce.
Things like adultery, abandonment or abuse.
You have to convince the court that “It’s their fault our marriage ended.”
No-fault divorce is the polar opposite.
You make no claims about your spouse’s actions. You simply state “We have irreconcilable differences” and you’re done.
No blame. No pointing fingers. No accusing the other side of wrongdoing.
Truth be told, learning the Idaho divorce laws and how fault may play a role in your case could save you time and money.
Idaho allows both fault and no-fault grounds for divorce, but most couples opt for the no-fault path as it’s quicker and more affordable.
But here’s the interesting part…
Every state in the US now offers no-fault divorce.
But only 15 are “true” no-fault states where you can’t place blame. The remaining states still allow you to choose between fault and no-fault grounds.
Why No-Fault Divorce Changed Everything
Here’s some history for you.
In 1969 California Governor Ronald Reagan signed the nation’s 1st no-fault divorce law.
Fast forward 15 years and every single state had a no-fault option.
Why? Because the old system was broken.
Before no-fault, people had to prove wrongdoing or get creative. “Divorce tourism” involved relocating to another state with more liberal laws. Others made up abuse or adultery stories to escape unhappy marriages.
Most women simply suffered in silence. Stuck in loveless or abusive relationships because they could not prove their spouses had done anything legally wrong.
Enter no-fault divorce. Shifting the burden from proving blame to simply acknowledging “it’s not working” changed everything. Economists Betsey Stevenson and Justin Wolfers found that domestic violence dropped 30% after states adopted no-fault. More dramatic still was the drop in female suicides. Rates fell by 8 to 16%.
That’s no small feat.
When Fault Still Matters In Your Divorce
But here’s a secret most people don’t know…
Fault still matters in no-fault divorces.
The court doesn’t consider fault when granting the divorce, but it can affect other outcomes like:
- Property division – Cheating spouse may get less
- Alimony – Bad behavior can limit spousal support
- Child custody – Abuse or neglect factors into decisions
- Attorney fees – “Guilty” spouse may need to pay both bills
When should you consider fault-based divorce then?
- Financial misconduct – Hidden assets or spending marital money on affair
- Abuse or cruelty – Physical, emotional or mental abuse
- Abandonment – If your spouse left for a significant period
- Substance abuse – Drug or alcohol problems
But remember… Fault divorces take longer, cost more and create more conflict. You’ll need evidence, witnesses and more legal work.
The Hidden Costs of Fault Divorce
Fault divorces cost more than money. They cost more emotion, time and family relationships too.
You’re already going through one of life’s most stressful events. Why not make it harder by litigating in court and airing your personal business in front of a judge?
Reality?
- Fault divorces take 2-3x longer than no-fault
- Legal fees double or triple easily
- Your children get caught in the crossfire
- Future co-parenting nearly impossible
No wonder 97.6% of couples in South Dakota chose no-fault when given the option. It’s easier for all involved.
How to Choose the Right Path for Your Situation
So how do you choose which path to take?
- Can you prove serious wrongdoing? If you lack clear evidence of adultery, abuse or other fault, a fault divorce is probably not worth it.
- What are your financial goals? Fault grounds may help you recover more property if you’re dealing with hidden assets or financial misconduct.
- How important is speed? No-fault divorces move through the system much faster.
- What about your children? Fault divorces create more conflict, which is bad for kids.
- Do you want to co-parent effectively? Starting with accusations and blame makes future cooperation nearly impossible.
Recent Challenges to No-Fault Divorce
Things are heating up in the battle over no-fault divorce.
A growing movement, led by conservative politicians and activists, wants to do away with no-fault completely. Their argument? Faultless divorce makes it “too easy” to end a marriage.
State legislatures across the country have introduced bills that would restrict or eliminate no-fault options.
If you’re thinking about divorce, your no-fault options could be more limited in the near future. Which is why it’s even more important to understand your options right now.
The good news? Every state still offers no-fault divorce. Studies show these laws improve family welfare by giving people a safe way out of dangerous marriages.
Making Your Decision
The decision to file for fault or no-fault divorce is no longer just legal, it’s personal.
You might feel better emotionally by proving your spouse at fault. But is that temporary satisfaction worth months of extra stress, thousands in additional legal fees and harm to your family relationships?
For most people, the answer is no.
No-fault divorce provides:
- Faster resolution
- Lower costs
- Less conflict
- Better outcomes for children
Fault divorce might make sense if:
- You must prove misconduct for financial reasons
- Abuse plays a role in child custody
- You have proof of hidden assets
The key is honesty. Is your motivation to seek fault grounds because they’ll improve your outcome? Or because you just want revenge?
Wrapping It All Together
Fault vs. no-fault divorce is one of the most important decisions you’ll make during your divorce.
For most people no-fault works best. It’s faster, cheaper and causes less conflict for everyone involved. Especially your children.
But if you have serious misconduct, abuse or financial wrongdoing to deal with, then fault grounds might help you achieve a better outcome.
The bottom line?
Focus on what will help your situation, not what makes you feel better in the moment.
Divorce is already stressful. Don’t make it more complicated.
