Understanding “No-Fault” in No-Fault Divorces

Understanding “No-Fault” in No-Fault Divorces

People find themselves in unfamiliar territory when it comes to obtaining a divorce, yet just under half of all married couples in America at some point stand in front of a judge in a family court seeking a divorce. When people are in this unfortunate situation, many may reflect on exactly how they ended up in court for a divorce and the grounds on which their divorce is being based. It is important for any person going through a divorce to understand what grounds a divorce can be granted on and what impact that may have on other aspects of the divorce process. In this article, we’ll help you gain a better understanding of what is meant by a “no-fault” divorce and how an experienced South Carolina divorce attorney can help you with your case.

At-Fault Divorce vs. No-Fault Divorce

South Carolina has five grounds for divorce, as listed under South Carolina Code Section 20-3-10. Four of these grounds constitute the grounds for an at-fault divorce. They are:

  • Adultery
  • Habitual drunkenness or narcotics abuse
  • Physical cruelty
  • One year’s desertion

The essential difference between an at-fault divorce and no-fault divorce is the lack of wrongdoing in the marriage required under the no-fault divorce option. In a no-fault divorce, neither is party is to blame for causing the divorce. The only requirement for filing for the no-fault divorce is that the spouses be separated for a period of a year or longer. There is no need to file at the time of the separation to mark that the separation period has begun. It should be noted that even though fault is not considered for the purposes of obtaining a no-fault divorce, fault-based factors may be used to determine issues in a divorce like alimony and child custody.

Compare the relatively simple no-fault divorce requirements to the requirements for obtaining an at-fault divorce. Allegations of misconduct leveled by one spouse at the other in order to obtain an at-fault divorce require no waiting period (except in the case of one year’s desertion). However, these allegations cannot be rumors or be unsubstantiated. A spouse seeking to obtain an at-fault divorce must be able to present evidence of misconduct in the marriage.

Get Help From a South Carolina Divorce Attorney

Divorce can be a difficult process even in the simplest of circumstances. At-fault divorces can be even harder to go through due to the strife and turmoil that may be present in the marriage. Yet on what grounds a divorce is granted and the evidence that is presented at a court hearing can have an extreme effect on matters of property distribution, alimony and child custody. Therefore is it very important to have an experienced South Carolina divorce attorney by your side to guide you and plead your case.

Contact the attorneys at Klok Law Firm LLC in Mt. Pleasant, SC for your family law needs.

8 Comments
  • Football Solutions Under-21 2013 - History - Norway-Belgium
    Posted at 19:46h, 04 November

    A fortnight ago, Perez was best known for a YouTube clip which showed him weaving between four Carlisle defenders and scoring in front of a handful of onlookers at Newcastle’s training base. Ayoze Perez goes from Youtube unknown to Match of the Day sensation in a fortnight as Newcastle United win fourth match in a row

  • Gabriel Drook
    Posted at 08:01h, 16 November

    Legit and fully working affiliate website with over 40 products: http://bit.ly/2ODt2Tt

  • futbol.run UEFA Europa League - Crusaders-Ekranas
    Posted at 05:00h, 25 November

    Jose Mourinho harked back to his departure from Chelsea in 2007 by describing his new squad as young, beautiful eggs. My Blues are eggs-ellent! Mother hen Mourinho hails his ‘young, beautiful’ team as Chelsea hatch Champions League plan

  • Josef Gentry
    Posted at 22:44h, 26 November

    Probably one of the biggest Affiliate Programs out there: Affiliate Program – 30 comission

  • Lucien Davenport
    Posted at 19:54h, 28 November

    If you ever tried Phallomax, pls drop your thoughts below. I’m about to try it out. Heard about this remedy some promising reviews. Just wondering on how many more inches would it add to my little fella down there hah 😀

  • Bradford Sutherland
    Posted at 21:46h, 28 November

    I’ve been taking Phallomax for the past few months. No doubts it’s obviously the best product for “that” problem. Received it from the UK very quickly and I live in Benin. Well worth of money.

  • Donn Kuniyoshi
    Posted at 22:27h, 29 January

    Have you ever thought about creating an e-book or guest authoring on other blogs? I have a blog centered on the same topics you discuss and would really like to have you share some stories/information. I know my visitors would appreciate your work. If you’re even remotely interested, feel free to send me an email.

  • Kendall Dudack
    Posted at 09:04h, 13 February

    Smashing post. Btw did you try this product: http://bit.ly/2N5npwG Looks like it’s one of those products you don’t normally talk about. Did come across it just now and thought I’d give it a try just to see how good it is. Have found some video reviews on Dailymotion and they look legit (I mean not scripted). Not many products out there have so many positive reviews. Have a look on it, maybe this can finally solve our problems (or at least yours).

Post A Comment