Differences Between No-Fault and Fault Divorces

Understanding your legal options is essential when ending a marriage. In Pennsylvania, divorcing spouses can file for either a no-fault or fault-based divorce. While both paths lead to the dissolution of marriage, the processes, motivations, and outcomes can differ significantly.

Have a conversation with a Bucks County family attorney to learn more about the similarities and differences between various marriage dissolution paths. Then, you can help you make an informed decision.

What No-Fault and Fault Divorces Have in Common

Before diving into the contrasts, it’s important to note the key similarities between these two types of divorce:

• The end result. Both fault and no-fault types of divorce ultimately dissolve the marital union, allowing each party to move forward legally as single individuals.
• Court involvement. Regardless of the grounds, a court will oversee the divorce process to ensure legal procedures are followed, including addressing property division, child custody, support, and alimony if applicable.
• Equitable distribution. The state of Pennsylvania is an equitable distribution state. Because of this, all marital assets and debts will be divided fairly, but not necessarily equally, regardless of fault.

A no-fault divorce is based on the assertion that the marriage is irretrievably broken. There is no need to prove wrongdoing by either spouse. Pennsylvania recognizes two types of no-fault divorce.

In a mutual consent divorce, both parties agree the marriage is over and are willing to proceed. After a 90-day waiting period, the court can finalize the divorce. If one spouse does not consent, the other may still proceed after the couple has lived separately for at least one year and the marriage is deemed irreparably damaged.

A fault-based divorce involves one spouse accusing the other of specific misconduct that led to the breakdown of the marriage. Fault grounds include adultery, cruelty (abuse or violence), desertion, bigamy, imprisonment for two years or more, or indignities that make married life intolerable.

The reasons to file for a fault-based divorce often involve personal motivations and strategic reasons, such as seeking leverage in alimony negotiations. But fault divorces tend to be more complicated. The accusing spouse must provide evidence in court, which can lead to longer proceedings, higher legal costs, and more stress for everyone involved.

Choosing the Right Path with Legal Guidance

Making the choice between a fault and no-fault divorce will depend on the circumstances of your case. While no-fault divorce is more common and often smoother, there are times when fault grounds are appropriate or necessary.

An experienced Bucks County family attorney can assess your unique situation, weigh the pros and cons of each approach, and guide you through the legal process. This is true whether your divorce is cooperative or contested. With the right support, you can move forward confidently toward a new beginning.

Are you deciding between a fault or no-fault divorce? There are skilled attorneys who will listen compassionately to your situation and advise you on what to do next. Talk to the lawyers at Kevin L. Hand, P.C. Call 215-515-2604 to schedule a confidential consultation.