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Merchant Borden Family Lawyers Oshawa, ON | Fault Divorce And No-Fault Divorce

May 25

What is a no-fault divorce?

No Fault Divorce is a relatively new legal concept that allows couples to end their marriage without needing to go through a long and drawn-out court battle. Instead, spouses can agree to divorce simply by notifying the other spouse of their decision. There are a few important things to know about this type of divorce, so let’s take a look.

Suppose both husband and wife are aware of any reason for separation/nullity of the marriage. In that case, you can bring a petition before the court. Unfortunately, there is no one remedy available in this situation. The evidence to be produced in the court’s opinion must justify that the divorce was necessary concerning its causes. So, suppose one party could have stopped such a relationship without degrading their partner (such as addiction). In that case, they will not be held guilty of causes.

The most likely solution is to ensure that an agreement of separation or common law divorce comes into effect on the date you arrive in the court. Otherwise, there might be an attraction for your spouse and unlimited access to legal remedies.

There are a few important things to know about no fault divorce before you decide whether it’s the right option for you and your spouse.

  • In a no fault divorce, your spouse is not required to have done anything wrong in order to file for divorce. This can be a big relief, as you won’t have to go through the emotional and financial turmoil of a messy divorce.
  • Additionally, no fault divorces are often faster and cheaper than traditional divorces. So if you’re ready to end your relationship, this is the route to take.


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What is a Fault Divorce?

If you’re thinking about divorcing, it’s important to know about fault divorce. This type of divorce is based on the premise that one spouse was at fault for the breakdown of the marriage. If you’re considering fault divorce, it’s important to understand the advantages and disadvantages of this type of divorce.

A Fault Divorce is supported by the Judges / Supreme Court only if there are no issues of adultery, unreasonable behavior, or financial abuse. In other words, only a woman who has filed for divorce may have her petition rejected without establishing proof of any wrongdoings by her partner.

This can be a difficult process to go through, as it requires proof that the other spouse was responsible for causing the problems. However, with the help of an experienced lawyer, a fault divorce can be managed successfully.

In some cases, there is provision for alteration and transitional arrangements. Fault divorces offer couples certain legal rights and protections that regular divorces do not. For example, a fault divorce may prioritize the spouse who is the cause of the divorce, and may provide more financial compensation than a regular divorce. If you’re considering filing for a fault divorce, it’s important to understand your rights and what you can expect.

Various fault grounds include adultery, seven years of absence, cruel behavior, fraud, and spouse being sentenced to life imprisonment by the judiciary. Fault divorces are less common as compared to no-fault divorces.

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Fault Vs. No-Fault Divorce

The inability to implement fault divorces at a specific time may reduce the efforts where it concerns uncooperative parties.

In addition, unjustified alleged adultery or cruelty (even if proven true) would not be considered a sufficient ground for any legal action. The legal action requires substantial proof in most cases. It is important to note that a spouse could always file an appeal against an unfair decision taken by the judge after divorce has been granted. Unlike in fault divorces, the spouse does not have to prove that the other person is at fault, and the court can validate the divorce. One key benefit to a no-fault divorce is that it does not require the spouse to prove each requested element. The party may only have to show evidence that there has been physical, verbal, and emotional abuse in any case.

Many couples in today’s society are choosing to go through a fault divorce. A fault divorce is one in which one spouse can sue the other for breaking a marital agreement without specifying which agreement was violated. This type of divorce became more popular in the late 1980s and 1990s, as it became easier for couples to get a court to rule in their favor. Fault divorces are often less expensive and more rapid than no-fault divorces, which are divorces in which both spouses have to agree to the breakup.

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The property is always joint own. In the absence of any agreement, either partner could take if they intend to go their separate ways. The judge hired by both gets paid according to the wide gap between each’s resources and income expectations. However, it may not be advisable as there is no security right after a divorce case when one expects. Their spouse has to remain with him from the days of their marriage. The spouse who wants custody has to fulfill certain legal obligations.

In a Faulty divorce, one or both of the spouses is deemed to be at fault for the split. This means that they are responsible for causing the marital breakdown, and as such, may have to pay financial damages as well as face other legal consequences. It’s important to consult lawyer to make you understand the difference between a Faulty and No Fault divorce, so that you can make the best decision for yourself. The recommended methods include scheming, and other additional recommendations for obtaining sole custody once discovered that this is what the spouse desires.

In most cases, though(around 22%), more than half of the petitioners who can longer afford it hire highly motivated lawyers from the profession despite being aware of the legal complexities involved. Though there are many unsuccessful litigants throughout the procedure. About 70% of petitioners hire personal injury lawyers. These lawyers confirm that there is a sure chance to obtain sole custody of child and consider the dissolution of marriage or divorce is regarded as a bitter financial pill.

Mostly, the Court hardly ever considers bad behaviour as cause of divorce. But in cases, where both parties are well aware of the reason behind failed marriage, the judge focuses on that reason. The judge tends not to punish for the extra wise choice of getting divorced, instead spending your hard-earned money on lawyers and even more financial burden through justice system.

At Borden Family Law, our focused area of practice means our clients benefit from our in-depth knowledge. 

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