Understanding No Fault Divorce
A no fault divorce takes place when the parties in a marriage no longer want to remain married. Many states accept no fault as enough grounds for ending a marriage. Courts identify this type of divorce as one based on irreconcilable differences. The following are some of the basic elements of a no-fault divorce.
No Fault Vs Fault Divorce
In a fault divorce, fault is required as enough grounds for ending the marriage. In most states, the grounds that are used to grant a fault divorce include:
- One partner’s inability to engage in sexual intercourse, unless the other partner knew this before they got married
It is normally hard to prove the grounds for a fault divorce and in most cases, both partners are guilty or in some cases, there are no grounds for a divorce but the partners still want to end the marriage. This is why spouses seeking a fault divorce engage in feign grounds and collusion to end their marriage.
In no fault divorce cases, there is no requirement for a specific reason to end a marriage. Many states allow no fault divorces based on the fact that people may grow apart or may have personal reasons for ending the marriage. It is also widely accepted that conflict should be reduced in a divorce to prevent emotional turmoil and unnecessary trauma for the children, friends and family members.
The main requirements for proceeding with a no fault divorce vary depending on where one is based, however, in many regions, the couple is required to file divorce papers and live separately for a certain duration. In some jurisdictions, you must be legally separated in order to qualify for a no fault divorce. If there are children involved in the marriage, some states ask the parents to attend a class on how a divorce affects children.
The Process of a No-Fault Divorce
The process of a no-fault divorce depends on various factors like whether the parties can agree on issues of child custody, property division and support. The divorce procedure begins when one person files a petition in court. Before a petition is filed, the divorce lawyers will meet their clients to determine how assets will be distributed. The other spouse has a fixed period of time to act on the petition.
The parties can agree on preliminary orders or a hearing may be held to determine the appropriate temporary orders. Temporary orders can include orders that indicate child support, child visitation, spousal support and the parent who has custody of the child/children. Temporary orders also deal with financial issues and may have restraints on marital assets and joint bank accounts. The spouses may attempt to agree on matters regarding child custody, property and support either through their family lawyer or mediation. If the spouses cannot reach an agreement, the case could end in trial.