question.jpgIn Divorce Law

Should I file for a fault or no fault divorce?

If your state takes fault into consideration when deciding how to divide the marital property and award alimony, then a fault divorce is advantageous (if your state even allows for fault divorces); likewise, fault divorces might be better if you expect a long-drawn out custody battle, for which the fault grounds will play a central role in custody (though, citing adultery doesn’t necessarily play to your advantage, while cruelty or drug abuse will). If there are no economic or custodial advantages to a fault divorce in your state, there is really no reason to go that route; no fault divorces are easier, less messy, less expensive, and quicker. Filing for a fault divorce simply to shift blame to one spouse is not a great idea, because the cons generally far outweigh the pros in this situation.