What Does It Mean When You Refer to a Divorce as a “No Fault Divorce”?

Historically, divorces were only sought and granted in situations involving serious allegations such as physical abuse, or one spouse cheating on the other spouse by having an affair. In these circumstances, the court would determine which party was at fault for the marriage not working out, and reprimand that party by ordering that he or she receive a smaller portion of the couple’s assets and property, or he or she may be denied custody of any children that are a product of the marriage. In essence these rulings were founded on the belief that the party who is not at a fault or who was faithful to the marriage should be rewarded, while the party “at fault” should be punished. By contrast, a “no fault” divorce just means that both parties agree that neither one of them was at fault for the breakdown of the marriage. Typically, no fault divorces are based on the grounds that the marriage has become irreconcilable due to conflict which has “destroyed the legitimate ends of the relationship”. Also, if a couple has been physically separated for certain number of years, a no fault divorce is what would be sought and granted.

It’s time to take hold of your rights, and you can do so by contacting a Conroe, Spring family lawyer at Garg & Associates immediately to schedule an initial consultation. Please contact our office to see how we can assist you. Learn more about our Areas of Practice.