Understanding the Difference Between Fault and No-Fault Divorce

Going through a divorce can feel like an overwhelming and challenging experience. Even if both spouses agree to separate, they may not agree on the terms or grounds for the split. However, understanding the difference between fault vs. no-fault divorces can help you make more informed decisions regarding your separation from your partner.

At Lincoln & Wenk, PLLC, we practice family and divorce law in Phoenix, Goodyear, and Peoria, Arizona. Here, we explain both types of divorce and the legal grounds for divorce in this state.

Fault vs. No-Fault Divorce Explained: What You Need To Know

Fault and no-fault divorces are the two types of divorce couples can file for in the United States.

No-Fault Divorce

In a no-fault divorce, neither you nor your spouse needs to prove the other person committed wrongdoing during the marriage. As such, the judge overseeing your case wouldn’t require a substantial amount of evidence or a major reason to grant the divorce. The issue could be as simple as not wanting to be married anymore.

Incompatibility and marital failure rank among the common reasons couples divorce. Although every state recognizes no-fault divorces, some regions require couples to be separated for a specific period before someone can file for this type of divorce. The separation timeline could last up to two years or longer in some cases.

Filing a no-fault divorce still means you must meet certain requirements for the petition to go through. The general requirements include:

• Experiencing irreconcilable damage to your marital relationship
• Separating from your spouse for a predetermined amount of time
• Dealing with differences with your spouse that make you incompatible with them

Fault Divorce

One key difference between a fault vs. no-fault divorce is that many states no longer recognize fault divorces. Filing for this type of divorce means one of the parties must prove fault on the other’s behalf. Taking this route can be expensive because of the amount of legal work it requires, and the courts may not approve it, which is why fault divorces aren’t as common as no-fault divorces.

Common legal grounds for divorce in this case include:

• Impotence
• Adultery
• One spouse developing a mental illness
• Spousal abandonment
• Drug addiction or alcoholism
• Any type of abuse
• Being infected with a sexually transmitted disease

If you can prove the grounds for your fault-based divorce, it could work in your favor. For instance, if your partner commits adultery, you may not have to pay alimony.

Key Differences Between Fault and No-Fault Divorce

The reason for the separation of spouses is the primary difference between fault vs. no-fault divorces. One person needs to have a valid reason for a fault divorce, even if the other disagrees. If the couple can’t agree, they can negotiate or let the courts decide on their case.

However, in a no-fault divorce, an explicit reason is not necessary. Filing on the grounds of “irreconcilable differences” is usually enough. The courts are unlikely to examine the complete reason for the separation during the case.

Is Arizona a No-Fault Divorce State?

In Arizona, you can file for a no-fault divorce from your partner. You won’t need evidence of abuse, adultery, or another situation that would typically be grounds for a fault divorce. If you can establish that your marriage has irreconcilable differences, the courts are likely to grant your request, even if your partner testifies that they think the marriage is salvageable.

If you want to end your marriage, but your spouse doesn’t, or vice versa, it is possible to request the courts to mandate marriage counseling. This option may help resolve marital issues and prevent a divorce, but only if both parties agree to do the work that comes from the counseling sessions.

Fault can still be a factor in Arizona no-fault divorces, usually when cases involve children. Mental health issues, child abuse, infidelity, and all types of spousal abuse can affect everything from child custody arrangements to alimony amounts. Despite the perceived ease with which Arizona residents can divorce their partners, it is ideal for all parties to seek legal counsel from an attorney who can help navigate through complex laws and regulations.

Can a Spouse Prevent a Divorce From Going Through the Courts?

In many cases, a spouse cannot prevent a court from granting a divorce if their partner seeks one. However, they can contest specific aspects of the case, such as property division and child support. They cannot stop the divorce, as long as the other party meets all legal requirements.

In a fault divorce, the opposing spouse can make several objections in their defense, including:

• Condonation: In this case, the spouse is aware of their partner’s problematic or questionable conduct and chooses to forgive it and continue the relationship. Condonation is a common defense against adultery claims.
• Connivance: With connivance, the spouse claims that the complaining party participated in or agreed to the adultery.
• Collusion: This defense refers to the agreement between a couple to fake grounds for divorce. If one person changes their mind, the collusion defense can weaken the grounds initially presented for the divorce.
• Provocation: This defense refers to the intentional harm or bad act one spouse commits during the marriage, such as infidelity.
• Recrimination: With the recrimination defense, the spouse complaining about the other’s problematic actions is also at fault for committing the same acts they accused the other of. For instance, if both parties had affairs during the marriage, neither can claim adultery as grounds for divorce.

Understanding Divorce Types and Requirements by the State

In all states except South Dakota, Washington, and Alaska, couples must meet a residency requirement before they can legally file for divorce. The general rule states that at least one spouse must have resided in the state where they intend to file for divorce for at least six months to one year.

It is usually better to file for a divorce in the state where you live. All future changes to the court orders that are part of your divorce decree will fall within the jurisdiction of the court that issued the ruling.

Despite the one jurisdiction taking control of your divorce case, every state will honor decisions made by other courts in other states. That means if you and your spouse reside in different regions, and they file for divorce, all the court orders relating to that case will apply to you, regardless of your state of residency.

One of the few times someone may question the validity of a court decision in a divorce is when one of the parties is not a resident of the state where they filed. Court papers from foreign countries may also raise jurisdictional questions, especially if the couple has children.

How an Experienced Lawyer Can Represent You in Your Divorce

Even after learning the differences between fault vs. no-fault divorces, you may feel as though you could navigate the divorce process without legal guidance. However, that would not be ideal. Having a divorce attorney represent you protects your interests and ensures you have legal counsel to guide you through the process from start to finish.

Key benefits of hiring a lawyer for your divorce include the following:

Knowledge of Divorce Law

Divorce cases can quickly become complex, especially when they involve alimony or child custody arrangements, so a lawyer’s legal knowledge is helpful. The lawyer understands both types of divorce and their requirements. They can advise you on your rights and explain your options.

Legal Guidance and Advice

It is not uncommon for people going through a divorce to develop clouded judgment. As such, they may not make the wisest decisions regarding themselves, their children, or their property. However, a lawyer is a neutral party who can provide unbiased advice to help you make better decisions.

Negotiation and Advocacy

Negotiations are common in both fault vs. no-fault divorces. A skilled lawyer can protect your interests, advocate for them, and handle negotiations on your behalf to help ensure a fair and favorable outcome. They can also represent you in court if the case goes to litigation.

Less Stress

When you have an experienced lawyer assisting you in your divorce, you will have peace of mind about the process. Divorce is often challenging and emotionally draining. Having a lawyer handle the legal aspects of your case lets you focus on healing and taking care of yourself during such a difficult time.

Consult With a Divorce Lawyer in Arizona Today

Whether dealing with a fault vs. no-fault divorce, hiring a skilled attorney to represent you is the right step to take. The decisions you make during this process can affect your financial security and your family’s quality of life for years to come. Seeking legal counsel from an attorney familiar with Arizona divorce laws and fault-based separations can help you make informed decisions.

At Lincoln & Wenk, PLLC, we have years of experience helping our clients navigate divorce, property division, and custody arrangements. Our team goes above and beyond to represent our clients with care and compassion.

Call (623) 294-2464 to schedule a consultation at Lincoln & Wenk, PLLC.