Helpful Facts About Filing For A No-Fault Divorce

Law Blog

If you and your spouse have decided to call it quits, you may be able to file for a no-fault divorce. While every state does allow the possibility for filing for a no-fault divorce, you should know that some circumstances may require you to take different steps than other couples may have to take. Learn more about no-fault divorce and how you can file for one without too much stress and aggravation.

Defining A No-Fault Divorce

You and your spouse may not agree about anything and are always at odds about little things that matter. You both may be tired of trying to please the other. When you and your spouse simply cannot get along enough to be married, you can file for a no-fault divorce. The difference for some people getting divorced is the grounds being used to file for one. For example, if you are filing divorce because you caught your spouse with your best friend, you can file on grounds of adultery. In cases of filing using the grounds of adultery, you and your spouse will need to remain separated for certain time period before your divorce can be legal and finalized. The time period required by most states is to make sure couples are unable to reconcile after a tragic event like adultery. With a no-fault divorce, you do not need grounds like adultery or domestic violence to file.

Some States Require Separation For No-Fault Divorces

Where you live determines the amount of time you would need to be separated before a no-fault divorce becomes final. Your divorce attorney can tell you this information. Some people may find that a period of separation is just the ticket for making their marriage better, so it is advised for most cases to be one the safe side. Many people get married and soon regret it, but just as many people also get divorced and soon regret it as well.

When Your Spouse Decides To Contest

Your spouse might decide after a period of separation that he or she does not want to get a divorce and feels things could be worked out. If you do not agree with this way of thinking from your spouse, you can still go ahead with your no-fault divorce. Many people contest no-fault divorces and that is when having an attorney with you in court is a good idea. For example, your no-fault divorce may have been going well until it came down to property division. Your spouse may decide it is worth staying married to live in the home or to keep the classic car parked in the garage. For this type of scenario, having a divorce attorney on your side is smart.

Going through any kind of divorce proceedings can be tough. Having an attorney with experience in divorce cases can help to make it lot easier on you.


3 June 2016