What Is a No Fault Divorce?
Roughly 40% of married couples end up in divorce. Understanding the divorce process is essential if you experience an undesirable marriage. Knowing if your divorce is ‘no fault’ will impact your future.
You may have many questions if you’re trying to navigate these waters. Luckily, we’ve got your back.
Read on to learn what a no fault divorce is and how it affects your future.
Exploring the Basics
A no-fault divorce is an uncontested divorce action whereby the spouses do not “point fingers” or find any specific cause or blame for the dissolution of the marriage. In some cases, divorce is an amicable, mutual decision where both spouses agree to the divorce based on personal or practical reasons.
In other cases, one spouse may want a divorce, but neither needs to give a specific reason. No-fault divorce focuses on resolving custody, asset, and debt distribution matters.
Pros and Cons
There are some pros and cons to this divorce. The pros are that it can be less contentious, less expensive, quicker, and does not must a partner to prove the other made a mistake for the divorce to be granted.
The con is that it does not help apportion the marriage’s assets in any manner. It can cause complications during the dissolution of the wedding. Ultimately, a no-fault divorce can allow the partners to move to send with their lives when a marriage has deteriorated to the point of needing to end.
How to Initiate
Recently, the criteria to start a no-fault divorce have been relaxed and simplified. It makes it more accessible to those who don’t wish to go through a contested divorce. In general, most states must file a court petition outlining the facts of the marriage and the plan to end it.
The petition will also include specifics related to the division of assets and liabilities. The court will make the necessary decisions to complete the divorce with minimal involvement from the two parties.
Legal requirements for no-fault divorce include the parties having been separated for at least a year and making genuine efforts to reconcile. Both parties must agree to the divorce and declare that the marriage has broken down and cannot be restored. In many jurisdictions, the parties must execute a separation agreement before filing for divorce.
It is important to note that this divorce does not necessarily involve an equal distribution of property or making provisions for maintenance or spousal support. If both parties have issues with the custody of their child, they must know how the DCF process works.
Navigating Financial Implications
When getting a divorce, one of the most critical needs is understanding all the financial resources available to decide a fair and fair financial outcome for both parties. This can be tricky, but understanding and addressing the financial aspects is necessary. Financial advisers can help you look at the ability to divide assets and liabilities.
Understanding the No Fault Divorce
A no fault divorce is a great way to navigate a divorce with the least amount of hassle or animosity. It’s a good choice if both spouses agree to the terms of the divorce, and can make the process of divorcing much simpler and more stress-free. Consider researching this choice and contacting a lawyer if you have any further questions.
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