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Divorce is a complex and stressful process for both parties involved, and understanding all the details and nuances of the different types of divorce can be overwhelming. There are two types of divorce, fault and no-fault, and understanding the differences is essential for making informed decisions about your divorce.
What is Fault Divorce?
Fault divorce is a type of divorce that is based on the premise that one party is at fault for the dissolution of the marriage. This means that the party filing for divorce must provide evidence that the other party is responsible for the marriage breakdown. Common causes of fault divorce include adultery, irreconcilable differences, mental cruelty, and physical abuse.
What is No-Fault Divorce?
No-fault divorce is a type of divorce where neither party is held responsible for the dissolution of the marriage. This type of divorce is most common in the United States and is based on the premise that the marriage has irretrievably broken down. In a no-fault divorce, the parties agree to end the marriage without assigning blame or fault to either party.
What are the Benefits of No-Fault Divorce?
No-fault divorce is often seen as a more amicable option for couples looking to end their marriage. Since this type of divorce does not require one party to be held responsible, it is often less contentious and can be resolved more quickly. Additionally, no-fault divorce often helps to preserve relationships between both parties and allows them to move forward more quickly.
What are the Benefits of Fault Divorce?
Fault divorce can benefit those looking to receive a more significant portion of their marital assets. Since a fault divorce requires one party to be held responsible for the dissolution of the marriage, the other party may be able to receive a larger settlement. Additionally, fault divorce can protect the rights of the innocent party and can often provide a sense of closure.
Miami-Dade Divorce Lawyers
No matter which type of divorce you choose, it is essential to seek professional legal help. At Orshan, Spann & Fernandez-Mesa, we have experienced family law attorneys who can help guide you through filing for divorce. Contact us today at (305) 853-9161 to learn more about our services and how we can help you with your divorce.