No fault divorce
A no fault divorce is when a spouse who is filing for divorce does not establish any kind of fault with the other spouse. The only thing the filing spouse needs to do is to put forward any reason that his/her state finds relevant for divorce. The typical reasons mentioned are “irreconcilable differences” and “irreparable breakdown of the marriage.”
These phrases are ways of saying that the spouses don’t get along well and that their marital relationship is beyond repair. Ironically, if any spouse objects to the other’s petition for a no fault divorce, that objection will be perceived by the court as an instance of irreconcilable difference, according to Kansas City, Missouri divorce lawyers who can be found right here.
In a fault divorce any one of the spouses can request for a divorce to be granted, by ascribing some fault or other to the other spouse. Here are the most typical grounds for allowing a fault divorce:
- Inflicting physical or emotional pain or cruelty
- Prison confinement
- Abandoning the other spouse for a specific length of time
- Inability to have sexual intercourse
By proving fault, the spouse without any fault stands to win a larger piece of the marital property and/or support. These two features of a fault divorce make it attractive to many people and Kansas City, Missouri divorce lawyers know all about this.
Whenever both spouses file for a fault divorce and try to prove that the other is at fault, the court steps in to determine who is the least at fault and is likely to grant a divorce to that party. This is termed as “comparative rectitude.” Courts usually do not force couples to remain married if they do not wish to. If they did, Kansas City, MO divorce lawyers would have to move into the home.
Defending a fault divorce
In a no fault divorce, there is nothing to prove. In case a spouse objects to a fault divorce by trying to disprove the fault, he/she can put forth one of the various defenses. The most common of them according to Kansas City, MO divorce lawyers are:
Connivance: This kind of defense alleges that the spouse complaining of adultery in fact agreed to it and even took part in the infidelity. If the couple voluntarily engages in acts like group sex or any other act of infidelity, one of them cannot claim adultery as reason for divorce.
Condonation: This is when the complaining spouse was aware of the behavior, forgave the conduct, and then went on to resume marital relations. This is a commonly used defense strategy by Kansas City, MO divorce lawyers when there one spouse is accused of adultery.
Recrimination: This is when the complaining spouse is just as at fault as the other or is involved in similar conduct. If both spouses had extramarital affairs, one of them cannot use adultery a valid ground for any fault divorce.
Provocation: This is when one spouse is provoked to behave in a particular way which can then be interpreted as a reason for a fault divorce.
Collusion: Sometimes, a couple gets into an agreement to fabricate the necessary grounds for a divorce. Then if one of them changes their mind, collusion can be used as a defense to reduce the conspired grounds for a fault divorce.
Whatever be the case, whether you are in a fault or no fault divorce, you need the services of a suitable divorce lawyer. This is because such divorces can be time consuming, costly, and need witnesses to testify in a court of law. Therefore, it is wise to hire a talented Missouri divorce lawyer to take you through the necessary legal processes.
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