There may be many valid and varied reasons for divorce but, they need to be denoted as adequate reasons by the court for it to be considered legal. The grounds for the divorce must be proved irreconcilable in court and only then will it be considered to be a proper one. There are two types of divorces – ‘no fault’ divorce and ‘fault’ divorce. The difference between the two is that in a fault divorce, one party blames the other for ruining the marriage whereas, in a no-fault divorce none of the parties are to be blamed. Fault divorces are mostly extremely time-consuming and cost an exorbitant amount.
Some of the common grounds for fault divorce include:
- Domestic abuse – this could be physical, emotional, and mental
- Adultery, infidelity, or extramarital affairs
- Incarceration
- Impotence
- Substance Abuse and addiction
- Abandonment
- Forceful marriage
Here is a list of grounds for no-fault divorce:
- Irreconcilable differences between the two parties
- Physical separation between the two parties
- An irretrievable breakdown
It is important to note that with no-fault divorces no period of separation is mandated by the court since both the parties come to the mutual decision for divorce. On the other hand, a period of separation is seen as a necessary step for fault divorces.
Considerations to make on what type of case to file for:
The first and foremost thing to keep in mind is hiring a lawyer or at least setting up an appointment for brief consultations about the particularity of your case. If you are someone who is not financially able, going for a no-fault divorce would be more beneficial. Another reason you must not choose a fault divorce case is if you do not have enough proof of misconduct.
- Remember to never file for the divorce unless you are sure and have enough legal backing or support to be guided.
- Keep all the documents you need to support your case
- Check-in with your children and communicate with them about the process. Especially keep them in the loop when there is a custody battle involved because those can get extremely strenuous and stressful for children.
- Make sure you are financially secure for the next three months of the start of the trial. Especially if you and your spouse had joint bank accounts. Issue yourself new credit cards and sort out the un-joining of your financial dependencies.
Most importantly, find yourself good and sound legal advice, because no matter the amicability of a divorce, situations may arise when you might need your people in your corner. It is not always wise to trust your spouse in such a situation when it comes to choosing the right path for your divorce case. You should especially have lawyers around you when formulating the demands and requirements of each party filing for the divorce. You can find experienced family law experts at the Autrey Law Firm. They have had years of training and expertise in this area of work to conduct your cause smoothly.