Divorces aren’t all the same. Some divorces go smoothly with two people who separate willingly and kindly. Some divorces have prenuptial agreements that make splitting assets simpler. Other divorces may be difficult and last for years because two people simply can’t get along and decide how to break up the assets from their marriage.
On top of this, there are two legal kinds of divorce. One, a no-fault divorce, takes place when two people want to separate but no serious problem, like adultery or abuse, have taken place. The other kind, an at-fault divorce, occurs when one party is accusing the other of one of several faults. Those include things like committing adultery, being confined in prison, or abandoning a partner.
Most states no longer recognize an at-fault divorce, and most allow you to file for divorce whenever you want. However, some states may still require you to wait a certain amount of time, to attend marriage counseling or to perform other duties before you can file for your divorce.
Now, what happens if both parties can be proved to be at fault for a divorce? This could happen if both partners cheated on one another, for instance. In these cases, the court has to decide who is least at fault. If you are the one least at fault, you’ll be granted the divorce. If your partner is the one found to be least at fault, then he or she will be granted the divorce. The court will grant the divorce because forcing two people to stay married isn’t in the best interest of the public.
Source: FindLaw, “An Overview of No Fault and Fault Divorce Law,” accessed May. 27, 2015