No-Fault Divorce: Your Legal Rights

In most cases, divorces turn into a game of “place the blame,” usually resulting in more arguments and disputes than necessary. While some divorces are a result of adultery, drug problems, abuse and other “at-fault” reasons, sometimes divorce simply arises between two people who no longer want to live together.

A no-fault divorce is a divorce in which neither party caused the separation. Usually, this is indicative of a mutual separation. Both parties feel that they are best when apart, so divorce is the obvious solution to the problem.

However, some people have trouble with the concept of no-fault divorce, and look for fault so that they can get ahead in divorce court or save face among friends. Either the husband or the wife will resort to dirty tactics to prove that the other is cheating, using drugs or engaging in unlawful activity. Such tactics are frowned upon by the divorce court, but sometimes it isn’t easy to tell.

First of all, some states, like Texas, have a universal no-fault policy. It doesn’t matter if you cheat, drink like a sailor or beat up your kids; your winnings in arbitration or divorce court will be the same as if your were a model spouse. Other states, however, will favor the partner whose behavior was not the cause of the divorce. In those states, some husbands and wives will do anything to get ahead.

No-Fault Divorce: Spying isn’t allowed.

If you are concerned that your husband or wife is spying on you in order to prove immoral or illegal behavior, then you have the right to obtain a restraining order. They might be taking pictures or following you around whenever you leave the house, hoping to catch you “in the act”. If this is happening to you, call the police and report the stalking. This might actually work in favor for you in divorce court.

No-Fault Divorce: Find character witnesses.

Find people who are not close friends, but who can testify in divorce court that you are not partaking in illegal or amoral activities. Find alibis that contradict what your spouse is saying, and obtain as much proof as possible to demonstrate your innocense.

No-Fault Divorce: It isn’t cheating if you’re separated.

If you and your spouse are separated and you’ve begun seeing another person, that isn’t grounds for at-fault divorce. It’s only considered adultery if your extramarital relationship began before you and your spouse decided to separate.

No-Fault Divorce: Agree to drug and alcohol tests.

If you are accused of recreational drug use or alcoholism, agree to random drug and alcohol screens. If you can prove through urine tests that you are not using illegal substances (or abusing legal ones), then your spouse’s claims will fall apart.