We can help with your upcoming divorce.
If you and your spouse have decided to end your marriage and have decided to file for divorce, you may wonder what the differences are between fault vs. no-fault divorce. At Ballinger Law Firm, we handle both types of divorces for our clients in the Mount Pleasant, South Carolina area, and we are here to help you understand the differences between fault vs. no-fault divorce.
Fault-Based Divorce
If you want to pursue an at-fault divorce, you must be able to show you are entitled to a divorce because your spouse committed adultery, was physically abusive, used drugs or alcohol habitually, or deserted you for a period of one year or more.
The court may award you a more favorable property settlement or spousal support payments if you can prove the break-up of your marriage is your spouse’s fault. At-fault divorces often result in increased conflict between both parties and may lead to prolonged litigation.
No-Fault Divorce
For some couples, their divorce is not the result of legal fault as stated above. If you want to reduce the expense and emotional conflict of a prolonged legal process, a no-fault divorce may be a good option.
If you and your spouse decide to live separately for over a year, you can file for a no-fault divorce. This legal process provides a way to end your marriage without the requirement to prove fault. You can also file for an Order of Separate Support and Maintenance if you have not yet lived apart for a year, but you must be living under separate roofs to file.
Many divorces can also be resolved through mediation and/or negotiation to reach an agreement on matters like child custody and visitation, property division, child support, and spousal support. Our law firm has decades of experience guiding clients through the divorce process while ensuring their best interests are protected. Contact us today for additional information on fault vs. no-fault divorce.