A no-fault divorce is when a couple ends a marriage but the reason isn’t as a result of wrongdoing. This is where terms such as “irreconcilable differences” come into play as a reason for the separation.
Although there is no conflict in the separation, couples might still disagree or argue when it comes to finances, child support, and other issues.
Read the rest of this article to learn more about no-fault divorce and when you require a lawyer to help you navigate the process so you leave the marriage in good standing without neglecting your interests.
How Does a No-Fault Divorce Differ From a Fault-Based Divorce?
There are important differences between no-fault and fault divorce.
No-fault divorce is usually as a result of reasons such as irreconcilable differences, irretrievable marriage breakdown, and/or living separately for a certain period of time.
Navigating no-fault divorce is a simpler process than fault divorce, where someone has committed a wrongdoing that has caused the breakdown of their marriage. Fault grounds can include adultery, abandonment, or substance abuse. The fault ground rules vary in different U.S. states, so you’ll need to check your locations' laws before filing a fault divorce.
Fault divorces can be more complicated than no-fault divorces, as well as costly, especially if spouses are engaged in conflict.
What are the Pros and Cons of a No-Fault Divorce?
There are some important advantages and disadvantages of a no-fault divorce to know about before you go ahead with it.
Pros
- It’s faster than a fault divorce because spouses don’t need to prove wrongdoing or misconduct.
- It can result in less conflict. A no-fault divorce tends to have less conflict between spouses because they’re not accusing each other of wrongdoing.
- It can be less costly. A no-fault divorce can be budget-friendly because couples don’t have to prove misconduct with evidence.
Cons
- There could be challenges for contesting the divorce. Since the process can be smoother, a spouse who wants to contest the divorce might struggle to do so.
- It doesn’t mean you don’t have to go to court. You and your spouse might struggle with other issues, even with a no-fault divorce, such as financial obligations of spousal support.
- Without misconduct, a vulnerable spouse in the situation might struggle to get what’s owing to them.
How Do You File for No-Fault Divorce?
When filing for divorce, you will have to take residency and grounds into account.
- Residency is the duration of time lived in your current state in order to get divorced there, which can usually be a period of three to 12 months. Living in that state usually matters more than if you were married there.
- Grounds. Since you’re dealing with a no-fault divorce, you won’t have to provide a fault, or reason, for why your marriage has broken down.
To file for divorce, you’ll require documentation such as your marriage certificate. The party who files for the divorce will have to pay a filing fee in court and notify the other person about the divorce via a service of process.
There are different types of divorces to know about.
- Contested divorce. This is when one spouse disagrees with what’s mentioned in the divorce papers and will file a response to express their opinions.
- Uncontested divorce. When both spouses agree with the paperwork, they will sign the papers. Alternatively, if a specific duration of time has passed and the receiving spouse hasn’t signed, the divorce might be viewed as uncontested.
- Joint divorce. When parties agree on all issues related to the divorce, such as child support in a no-divorce situation, they might be able to file a joint petition.
How are Important Issues Navigated During a No-Fault Divorce?
You might wonder how issues such as property division and spousal support will be handled during a no-fault divorce. Here are some insights.
- Division of property. Real estate and other assets, such as cars and stocks, will be equitable. It’s common for courts to look at what each spouse has contributed to the marriage. A divorce lawyer can help spouses write division of property agreements without having to go to court.
- Spousal and child support. For these, both parents’ income is considered as well as the child’s needs.
- Child custody. The child’s best interests are usually a priority when visitation schedules and custody are determined.
What’s the Waiting Period for a No-Fault Divorce?
In many U.S. states, you’ll have to wait before you can finalize your no-fault divorce. Usually, couples will have to live separately for the duration of this time. The reason for this is that couples need to have enough of a chance to think about the divorce and if they truly want to go through with it. How long this period lasts depends on the specific state in which you live.
Should You Hire a Lawyer for a No-Fault Divorce?
If you’re going through a no-fault divorce, you won’t always require a lawyer to help you, but it’s worth it because they will be able to make the process much easier for all parties involved.
Although you might have a no-fault divorce, it doesn’t mean you and your spouse will agree on all elements of the separation, such as child support or property division. This is where a lawyer can help with their knowledge and experience.
Working with a lawyer from ContractsCounsel, an online legal network connecting clients to vetted lawyers, will give you peace of mind and ensure you prioritize your interests. They’ll help you in various ways, such as:
- Reminding you of your rights and avoiding mistakes, such as vague or incorrect wording, that can result in unfair terms.
- Supporting you if the divorce is contested or becomes unfriendly. You won’t have to try to find a lawyer at the last minute because you’ll already have one to fight for your case.
- They understand the legal procedures involved so that you avoid any setbacks or risks.
- They’ll guide you on how to negotiate for favorable terms and reduce disputes.
