Fault and No-Fault Divorces – A Divorce Attorney in Greenville TN Explains the Differences

by | Dec 14, 2012 | legal

Latest Articles



There are mainly two different types of divorces in the United States. There is a fault-divorce and a no-fault divorce. And the one that’s recognized where you live depends on your state’s laws. Here is a brief discussion from a qualified divorce attorney in Greenville TN about the differences between these types of divorces.

No Fault Divorces
When a couple is going through a no-fault divorce, there are typically two categories. The first category of a no-fault divorce is “breakdown of your marriage.” This is often referred to as irreconcilable differences, incompatibility or simply a disintegration of the marriage relationship. The second category of a no-fault divorce is a formal separation for a certain amount of time. The amount of time you have to be separated to qualify for a no-fault divorce depends on the regulations in the state where you live. Some states allow a no-fault divorce if you’ve been separated as few as six months while others require you to be separated for a few years before becoming eligible.

As a side note, even in states where only no-fault divorces are allowed, the courts can still take into account the behavior of both parties when making a decision about diving property, child custody, spousal support and division of debts.

Fault-Based Divorce
A fault-based divorce is typically more common and it’s what most people think of when they hear the word “divorce.” With this type of divorce, one spouse files for the dissolution of their marriage because of the other spouse’s wrongdoing. The wrongdoing could be from a number of actions, including an addiction to drugs or alcohol, spousal abuse, adultery, abandonment and even impotence in some cases. In order to determine what qualifies for grounds for divorce in Tennessee, you should check with an professional divorce attorney in Greenville TN before filing or if you have been served papers.

Controversy of No Fault Divorce
Many people who hold to the traditional values of marriage as a sacred and lifelong commitment do not approve of the no-fault divorce option. The say, and understandably so, that it has made divorce too easy to get and negatively affected the family unit, children and society in general. However, governments and many parts of society have approved this option and it has now become acceptable in most areas of the country. Despite this, the debate will continue among those who have differing viewpoints on the issue.


Going through a divorce is never a pleasant process. Put a professional divorce attorney in your corner by hiring the Law Offices of Andrew E. Farmer. Our website at Website will provide you with information about our services.


Similar Articles