If you're preparing to file for divorce, you may be considering whether you are going to file a no-fault divorce or a fault-based one. Although your divorce attorney may recommend one over the other, but either filing requires that you have some grounds for the filing. it is in your best interest to understand what actually constitutes a fault-based divorce, because the grounds for which you can file one are somewhat limited. Here are some of the things you should know about fault-based divorce before you finalize that petition.
What Are The Grounds For Fault-Based Divorces?
Every state has its own determining factors for a fault-based divorce. In order for you to file one, you'll have to work with your divorce attorney to evaluate the fault-based grounds in your state to see if you qualify. In most states, you can qualify for a fault-based divorce if your ex committed a felony, adultery, neglect, abuse or abandonment. You'll have to have some proof of the the claim in order to file that way, though.
What Is The Benefit Of A Fault-Based Divorce?
While you may think that it doesn't matter if you file a no-fault or fault-based divorce proceeding, there are some benefits to filing a fault-based petition. In some states, you may get an exemption to the standard waiting period that the state requires for divorce filing. In cases like that, you might be able to finalize a divorce faster than you would otherwise. If you have children, you might have a better chance of obtaining child support or alimony if you can qualify for a fault-based divorce.
What Do You Need To Think About?
Before you file for a divorce of any kind, you need to consider what kinds of claims you can support. Even if you know beyond a shadow of a doubt that your spouse cheated, if you have no evidence to prove it in court, you can't file a fault-based divorce based on adultery.
If you're not sure what kind of evidence you would need, your attorney will help you to determine how you can support the case. He or she can evaluate the documentation you do have to see if it's enough for the judge or help you build a reasonable
Filing for divorce is a decision that takes time to come to, but when you have to choose between fault and no-fault, it may leave you feeling overwhelmed. With a reliable divorce attorney, you can settle on the proper filing format to obtain your divorce.