No Fault Divorce: Is It Right For Your Situation

Law Blog

All states allow married people to apply for a no-fault divorce. This means that one partner is asking for a divorce but doesn't have to prove any wrongdoing for the other party to get a divorce. The person filing for divorce has to state the reason.

Before deciding if no-fault divorce is right for your situation, you can contact a no-fault divorce lawyer to educate you on the process and pros and cons.

What Does Grounds For Divorce Mean?

Fault and no-fault divorces differ when it comes to the grounds for divorce. Grounds for a fault divorce means the person filing for divorce must claim their spouse has ruined the marriage.

No-fault divorce doesn't lay blame on either party, so the grounds for divorce are simply one or both parties no longer want the marriage to continue. Both spouses do not have to agree to the divorce, so one person may file even if their partner doesn't want to end the marriage.

When A No-Fault Divorce May Not Be Right For You

 Spousal support is not granted, so if children are involved, the partner getting custody may endure financial hardship. This is something to consider before filing this way.

This type of divorce is may not be ideal for the partner who doesn't feel the marriage is beyond repair. This makes it difficult for the spouse against the divorce from taking steps to attempt to save the marriage.

When A No-Fault Divorce Might Be Right For You

There are circumstances where a no-fault divorce is ideal. For those wanting a quick divorce know how they want to split property and finances, this is an ideal way to end the marriage without dragging it out.

Because the divorce is done quickly, it lessens the emotional impact on everyone involved, including children. No-fault is ideal for a spouse wanting to end an abusive relationship because they can file for divorce without enduring court battles.

How To File For A No-Fault Divorce

The laws for no-fault divorce are different for each state. Some states may require the couple to separate for a certain length of time. This and other requirements may be different per each state. The laws surrounding divorce are always changing, so it's best to hire a no-fault divorce attorney to explain the laws in your state and discuss if this option is right for your marital situation. Contact a no-fault divorce lawyer for more information. 


13 November 2020

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