Many couples, whether they have been married for decades or for merely months, eventually decide that their marriage is not functional.
When filing for divorce, it is important to understand the difference between fault and no-fault proceedings.
While fault divorces require a specific reason or cause, a no-fault divorce can be attributed to disagreements and such causes as "irreconcilable differences.
" Different states have different requirements regarding fault and no-fault divorces.
In some states, fault proceedings are no longer available, and no-fault is the only option.
In other states, the no-fault option is only available after the couple has been legally separated or lived apart for a certain period of time.
Fault Divorces Before the concept of the "no-fault" was implemented, a divorce could only be obtained when one party was proven at fault.
In a fault divorce, one spouse must plea that the other has committed cruelty, adultery, abandonment, or other similar acts.
In response, the other spouse has the option to plead recrimination, accusing the first spouse of also committing similar acts.
Afterward, the judge can rule to find either one or both of the parties at fault for the state of the marriage and can grant a divorce.
However, a judge also reserves the right to refuse a couple's wishes to end their marriage.
The grounds for a fault divorce include:

• Cruelty
• Adultery
• Prison confinement for a certain length of time
• Abandonment for a certain length of time
• Lack of physical ability to engage in sexual intercourse (if not disclosed before marriage)

When fault proceedings were the only option available, often couples would lie under oath or create other legal fictions in order to obtain the divorce.
No-Fault Divorces In a no-fault divorce, neither spouse must prove that the other committed any wrong-doing.
One spouse must simply give a state-recognize reason for the proceedings, such as:

• Irreconcilable differences
• Incompatibility
• Irremediable breakdown of marriage

This is the most-commonly pursued type of divorce today, and in some states is the only form available.
In other states, however, the couple must live apart for a period of months or years before they can end their marriage under no-fault proceedings.
Therefore, in these particular states, often couples who do not wish to wait out the period of separation will attempt to get a divorce through accusations of fault.
To learn more about your options in the face of marital problems, visit the website of the Raleigh divorce attorneys of the Marshall & Taylor Law Firm for additional information.