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“Fault” Divorce is when a spouse has been violent or abusive, committed adultery, desertion, severe drug addiction, or other significant actions that harmed the marriage. This type of divorce does not have a required period of separation, and if the fault can be proven, the spouse that is filing for divorce or given “comparative rectitude” may receive a better settlement. Some states don’t recognize fault divorce.
“No-Fault” Divorce doesn’t require one spouse to blame the other spouse for the divorce. They simply choose a state-recognized reason. Common reasons are “irreconcilable differences” or “irretrievable breakdown.” Some states will require a period of separation, which could last for months or even years, but every state recognizes a “No-Fault” Divorce.
Summary Divorce (aka Summary Dissolution or Dissolution) This type of divorce is streamlined for couples that have no kids and few assets. While the marriage will end just like it would in other divorce processes, this version of no-fault divorce eliminates a large part of the usual divorce process. In order for this to happen, both spouses must come to an agreement on their own before filing for the dissolution.
An annulment is attained by invalidating the union, completely voiding the marriage as though it never happened. Each state has its own rules regarding acceptable reasons and timing for when this option is no longer possible for the couple.
Divorce can be a long and grueling process, and it is even worse if you find that you unnecessarily waived property, certain rights, or other assets that matter to you. Also, not every settlement that the court determines is going to be acceptable. It is possible that you will want to appeal or modify the decision. It is recommended that you seek out the guidance and representation from a divorce lawyer from the beginning to help things go as smoothly as possible.
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