What is the difference between a fault and no fault divorce?

When filing for divorce in Louisiana, couples can select either of two categories to file under-a no-fault divorce or fault divorce. The category one’s proceedings fall under as this determines the type of evidence that must be presented to finalize the award.

The path of a no-fault divorce is perhaps the path of lesser resistance. This is why most marriages end on this ground. Irreconcilable differences and irreparable breakdown of the marriage are the commonly heard phrases around this type of a divorce. These phrases basically mean that the couple can no longer get along. A no-fault divorce means one spouse does not have to prove that the other spouse did anything wrong.

A fault divorce on the other hand means that one spouse is alleging the other spouse was at fault in the marriage. Louisiana is one of the few states that still has divorce based on fault. Examples of fault include adultery, a felony conviction where the person has been sentenced to death or hard labor, or physical or sexual abuse of a spouse or child. Proof must support these allegations and there is no requirement that the couple should have lived apart before the divorce can be granted.

Proving fault can be difficult, but a divorcing party may go down this route as, once it is proven, the petitioning party can receive a larger portion of marital property or support. Everyone’s circumstances are unique and therefore their divorce proceedings will also be different. It may be beneficial to consider consulting an experienced attorney to get the outcome one deserves.