Many states in the United States have no-fault divorces. However, while a no-fault divorce is an option, at-fault divorce is also still available and can be a better option under some circumstances. This is especially true if you want to file for divorce as quickly as possible.
When filing for divorce some states require that you go through a period of separation. This period is only required if you file for a no-fault divorce. When filing for an at-fault divorce, you might be able to get divorced right away.
The purpose of the separation period is to encourage the couple to work out their marriage before they undergo a messy divorce. Divorces are expensive and there is often a backlog of court cases. However, there are some cases where divorce might need to be expedited. This is especially true if remaining in a marriage can be highly detrimental to one or both partners.
No-fault divorce is often chosen because it is more simplistic in some ways. Both you and your partner could agree to the dissolution of your marriage and could end it without conflict. Even if your ex does not agree with the divorce, you are still allowed to go through with it. However, it is possible to have a divorce with minimal conflict.
An at-fault divorce, on the other hand, has a much greater level of conflict. You will need to present evidence to prove that your partner is at fault. For example, if your partner engaged in infidelity, you will need to provide evidence that they are being unfaithful if your goal is to get divorced under these grounds.
How to Prove Fault
Gathering evidence can be difficult but a divorce attorney can guide you through the process. For example, you might need to hire a private investigator to help you find evidence of criminal activities or some other grounds for divorce.
Another reason to establish fault during a divorce is that you may be able to have a more favorable outcome with your divorce. For example, the judge might rule more in your favor if you are in the middle of a child custody battle. You might also want to file for an at-fault divorce to make a statement. Therefore, it might be worthwhile to work with a divorce attorney and a private investigator so that you can successfully file for an at-fault divorce.