What are the basic elements of no fault and fault divorce law?

In a no fault divorce the filing spouse does not need to prove fault in order to get a divorce. Usually divorce is granted on grounds of irreconcilable differences and an irretrievable breakdown of marriage. Dane County, WI divorce lawyers say that the above legal terminology is just a way to convey that the marriage is not working due to differences and the situation is beyond repair.

Not all marriages end well. Some end up needing Dane County, WI divorce lawyers.

If you have seen the show The Sopranos you would have seen a marriage that should have been broken but since Carmelo and Tony Soprano had a gangster’s relationship and Carmelo knew that if she left Tony she would have to find a job on her own, she allowed her husband to have affairs and other woman on the side. Carmelo chose to remain with Tony despite his habits because she lived in a large home, had money for clothes, and money for fine dining. Apparently that trumps everything!

Moreover, in a no fault divorce a spouse cannot object to the divorce petition as this step is seen by the courts as irreconcilable differences. All states recognize no fault divorces but in some states spouses are mandated by law to live separately for a stipulated amount of time before they can the file the petition for divorce.

What is fault divorce?

Wisconsin divorce attorneys clarify that many states do not recognize fault divorces anymore. In the states that do however, spouses can seek divorce on grounds of fault of the other spouse. The common reasons for divorce are:

• Abandonment for a stipulated period
• Adultery
• Imprisonment
• Cruelty: inflicting physical and mental pain
• Inability to have intercourse

The legal elements involved in a fault divorce make it more attractive to people than a no fault divorce. To begin with, there is no separation period stipulation in a fault divorce. Secondly divorce lawyers in Dane County, WI reiterate that the spouse who is not at fault can get a greater share of the assets.

If you need a divorce lawyer, if your marriage is as they say on the rocks, then you need a divorce legal professional and this is where this marvelous website comes into play. It is Divorce.USAttorneys.com. This website has helped many spouses get out of the marriage jam they were in.

Comparative Rectitude

There are instances when both the spouses seek a fault divorce against one another. In such a situation the judge compares the evidence provided by both the spouses and grants the divorce to the spouse who is least at fault. Earlier the courts did not grant a divorce if both the spouses were at fault thereby forcing them to live together. Comparative rectitude was formulated to nullify the earlier practice.

Forcing people to live together sounds like something they do in North Korea.

Defenses of Fault Divorce

Unlike a no fault divorce, the spouse against whom the allegations are brought has the right to object. The defenses in a fault based divorce are:

Connivance – Legal experts say that if the complainant spouse had known about the infidelity and had taken part in it then he/she cannot charge the other spouse with adultery. For instance, if a couple participated in group sex then the grounds for adultery do not hold as a reason for divorce.

Condonation – If a spouse knew about the conduct, forgave the other spouse, and resumed the relationship, then a divorce on fault based grounds cannot be granted.

Recrimination – You cannot complain adultery when you had an affair too.

Provocation – If the complainant spouse was physically or emotionally abusive, thereby forcing the other spouse to leave the house then he/she cannot claim abandonment.

Collusion – If both the spouses conspired to fabricate the grounds of divorce but one of spouses changes his or her mind then collusion is cited to abate the initial grounds of divorce.

Some divorces affect the children as well, not in a good way.

If you are troubled with the complex issues involved in terminating your marriage, it would be wise to consult a Wisconsin divorce lawyer as immediately as possible so that you can enlist his/her help to resolve issues in an amicable out of court settlement.