Divorce can be granted in all states in the United States based on a ‘no-fault’ clause, which means both spouses have consented to the divorce. In this situation both spouses are claiming that their marriage has broken down and it is now irretrievable due to the differences between them being too great. Some states accept a no-fault divorce without question, such as Arizona and Colorado (17 states in total). In any other state, you are given the option of either a fault or no-fault divorce.
A no-fault divorce is the easiest route if you are able to reach an agreement on assets, alimony, and child support issues. If there are any issues that could affect the divorce settlement, such as unacceptable behavior of one of the spouses, a fault divorce may be the best idea as this will help to determine such things as the dividing up of joint property, determining the legal and physical custody of any joint children, and the amount of alimony expected.
A fault divorce can take place if one of the partners has committed adultery, has abandoned his or her partner, or has acted in a cruel and inhumane way both mentally and physically. Chronic drunkenness, drug addiction, and felony conviction are potential grounds too. In the state of Illinois, a spouse can also file for an at-fault divorce if bigamy or impotency have occurred.
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