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What is a no fault divorce?

2011   September 30
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by Staff writer

filing for divorceWhat is a no fault divorce?

In general no fault divorce simply means that one party does not have to prove or demonstrate to the court that the spouse did something wrong. Basically in no fault divorce, one party simply needs to communicate and clearly explain to the court that the marriage is broken and beyond repair.  There are however some states that may require the couple to be living apart for a period of time before a no fault divorce can be granted.

How does the court view no fault divorce?

The court is really only interested in how the assets and liabilities are going to be distributed among the couple.
If there are children involved there are other factors that need to be considered such as:

  • Who will take care of the children .
  • Visitation agreement.
  • Child support and the payment agreement.

What the court is not interested in when it comes to no fault divorce?

The court is not interested to know who did what to end the divorce.
Advantages of no fault divorce.
With a no fault divorce there are various advantages which we will discuss here. Please note that every State will have different requirements and details regarding no fault divorce. We are just covering things at a broad perspective. For more information on the other types of divorces, we suggest you see our types of divorces hot topic.

 The court does not care what either party did in the relationship for the no fault divorce decision to be made. For example if the husband is using illegal drugs, and the wife wanted out because of this situation, the court would not be concerned with the details, just the fact that the wife wants out, wants a no fault divorce, and that the marriage is broken beyond repair.

Additional information about no fault divorce.

There are some additional bits of information that you should be aware of regarding getting a no fault divorce.
In most states the couple only needs to file the associated legal papers and also live apart for a specific amount of time.  Additionally, some states may also require you to become legally separated as well.

If you are considering getting a no fault divorce, the best thing you should do is seek the advice of an experienced legal attorney. Receive a divorce case evaluation today for more information on obtaining a no fault divorce.

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