What Do You Really Know About No-Fault Divorces?
The no-fault divorce isn't as hassle free as many people would like to think. However, it does offer an opportunity to settle a divorce case with far fewer issues than a traditional divorce does. Here are a few things about the no-fault divorce you should know before jumping into one.
No-Fault Doesn't Necessarily Mean "No Fault"
At a basic level, a no-fault divorce implies there's no "fault," or particular reason for the divorce. One of the most often quoted reasons for a divorce is "irreconcilable differences." In the end, that just means two people cannot get along for some reason or another.
"No fault" doesn't mean no one is at fault. It just means the fault is legally irrelevant to the fact that you want a divorce.
Know Your No-Fault State Law
The way a no-fault divorce works can vary by state. Knowing how these laws work for you specifically can go a long way toward your deciding whether no-fault divorce will work for you. Knowing the state law will also help you dispel any preconceived notions you may have about no-fault divorce.
No-Fault Divorces Can Occur Without Both Parties Involved
It only takes one party to initiate a no-fault divorce. When one party files for no-fault divorce, the other cannot object. Because of this, it's possible for a divorce to occur rather passively.
A passive divorce can be a beneficial situation for some but a disaster for others. It's usually a good idea to work out the details of the divorce beforehand. If one party initiates the no-fault divorce, and the judge agrees to the one-sided terms, then the other party may have an uphill battle to make any changes.
It doesn't matter whether it's you or the other party initiating the no-fault divorce. Make sure you stay in the loop with what's going on at every stage so there are no surprises.
No-Fault Divorces Aren't Immediate
This point goes back to your knowledge of your own state's laws of no-fault divorce. Sometimes, a no-fault divorce comes with a mandatory separation. This means you may have to go through a lengthy legal separation before your divorce can happen.
You can still file all the proper divorce paperwork and otherwise do what you need to do to facilitate the divorce. It's just possible nothing will happen until you go through the legal separation.
A Divorce Attorney in Your Area Can Help
A divorce or family-law attorney, such as one from the Law Office of Emily T. Ross, can help you figure out how best to go about filing a no-fault divorce. Alternatively, a family lawyer can help you figure out what you can do if the other party files a no-fault divorce against you. Even though no-faults sound easier, it's always better to do the process the right way if you want the best results.