Fault and No-fault Divorces

In fault divorces the complaint for divorce must state grounds for divorce. They include cruel and abusive treatment, adultery, abandonment, and other types of misconduct.
Don’t be fooled by terminology. Each ground is a term of art, a specific legal definition, not a layman’s definition. Ask your lawyer about grounds and their definitions. But remember, conducting a moral campaign to prove fault may backfire. It’s a high price for self-exoneration, so question counsel whether it really makes sense.
No-fault complaints for divorce merely allege an "irretrievable breakdown" of the marriage, or use similar language. The court must find that the marriage has "irretrievably broken down," leaving no chance of reconciliation.
Since the 1970s most states have allowed no-fault divorces. No-fault divorces are contested or uncontested. Where the parties present an agreement for the court’s approval, their divorce is said to be uncontested. If the parties can’t negotiate an agreement, their divorce is contested and goes to trial. Fault and Punishment. Divorce judges seek fair results, not retribution.
Many parties believe judges punish fault by penalizing the guilty. Judges are not grand inquisitors reigning terror on unfaithful spouses. Behavior must be outrageous, and we mean totally shocking, before most judges will punish the guilty.