Most divorces are “no fault” divorces in which the spouse only needs to claim that they are no longer compatible with the other spouse and that they do not reasonably expect to reconcile with their spouse.
In contrast, a fault-based divorce involves one or both of the spouses claiming that the other spouse is at fault for the breakup of the marriage. Fault-based divorces are still quite common, especially divorces based on adultery. Other fault-based grounds include cruel treatment, It is important to speak with a lawyer about any of these grounds for fault because they can influence how a court divides property and assets.
Spouses get divorced for a variety of reasons, and while it is always a good idea to speak with a counselor either alone or with your spouse prior to deciding on divorce, ultimately the decision is your own to make. If you do decide on divorce, it is crucial that you seek legal advice during the divorce, even if you and your spouse agree that divorce is the right way to go. Tricky issues always come up in a divorce—it is important to have skilled litigators on your side when your livelihood, property, and/or children are at stake.
If you are contemplating divorce, or if you are concerned your spouse may be contemplating divorce, you need a team of highly experienced divorce litigation attorneys who will zealously fight for your rights. Contact Kirker│Davis LLP to schedule a meeting with a divorce litigation attorney today.