The typical case is one in which one spouse wants to remarry before all the other issues such as child custody and visitation, support, distribution of property and lawyer fees are resolved. This permits the parties to remarry while providing them additional time to resolve the remaining issues. If the parties cannot negotiate matters themselves, the court retains the ability to resolve all remaining issues at trial. A fault divorce is one in which one party blames the other for the failure of the marriage by citing wrongdoing. Grounds for fault can include adultery, physical or mental cruelty, desertion, alcohol or drug abuse, insanity, impotence or infecting the other spouse with a venereal disease.
Many states now permit no-fault divorces.
A no-fault divorce is one in which neither spouse blames the other for the breakdown of the marriage. A no-fault divorce is a more humane way to end a marriage in those states that permit it. That depends on the state. In some states the court can consider the spouses' faults in deciding how to distribute property and provide spousal support. In a no fault divorce situation, the actions of the respective spouses in the breakdown of the marriage do not affect property distribution or spousal support rights.