There are as many reasons women divorce as there are women. State law varies from state to state with regard to what a court considers in a divorce action, therefore; what matters in court can also vary from state to state. A woman must file for divorce in the state where she resides though (or where she last resided if she has not lived in her current home as long as required by law) so she cannot choose the state that will best suit her situation. Every state in the U.S. allows a no-fault divorce which means that neither spouse has to prove the other spouse is to blame for the divorce. Some states do still also allow fault divorce though and a husband could use certain things against a wife if he chose to file a fault divorce.
Reasons Matter in a Fault Divorce
If either spouse was unfaithful to the other and is guilty of adultery, then the innocent spouse can file for a fault divorce in the states that allow that kind of divorce. A fault divorce usually allows one spouse to get more property or alimony based on the fault of the other party in bringing about the divorce. Fault divorces are also sometimes allowed in situations where there is alcohol or drug abuse, domestic violence, or emotional abuse. As with adultery, if a spouse is guilty of one of these offenses, that spouse may be required to relinquish more property or pay more support. A woman who is guilty of any of these offenses should be aware of possible consequences while she should also be aware of her options if it was her spouse who was guilty of an offense.
Reasons Might Matter in a No-Fault Divorce
In a no fault divorce, there is no blame assessed and the requirement for a long separation is usually waived. The trend toward no-fault divorce is growing and more and more states are doing away with fault divorce altogether. Even in a no-fault divorce though, the reasons a woman gets divorce might still matter in court. If a woman is divorcing her husband because he cannot keep a job, or is lazy or emotionally unstable, a woman should use bring those issues to the court’s attention for consideration in establishing child custody and support. If a woman is divorcing her husband because he is financially reckless, it can affect the court’s decision to award her more property in lieu of a monthly support payment that he may not make.
Getting Legal Help
The decision to file for a fault or no-fault divorce in states that allow both types of divorce is a decision that will affect the outcome of the divorce. An experienced family law attorney can help a woman make a decision that will work best for her family and her financial situation. Strategy can be critical in a divorce action and even the reason for the divorce can impact the outcome.
