A no-fault divorce is a term used to describe a type of divorce where marriage can be terminated legally without any fault. New York set the pace in 2010 as the first state to adopt the policy of no-fault divorce, before being adopted in other states. A no-fault divorce does not entail divorcing for violating a prenuptial or postnuptial agreement. The marriage is not terminated as a result of marital issues such as adultery, cruelty or abandonment. There are states that permit both fault divorce and no-fault divorce. No-fault divorce varies from state to state. Some states usually have either a waiting period, a period of separation, or a residency requirement while others usually require all three. An experienced Divorce attorney can help you get through a no fault divorce case without much ado.
What is No-Fault Divorce?
A no-fault divorce is when a partner files for divorce based on their inability to get along and incompatibility. While some base their reasons for filing a no-fault divorce on irreconcilable differences, others say it is as a result of irretrievable breakdown of the marriage. The reason still boils down to the inability to resolve their differences amicably.
Does Your Spouse Have to Agree to a No-Fault Divorce?
Your spouse does not need to agree to a no-fault divorce suit. One party can file the divorce suit against the other in cases where there are conflicts in the marriage or if the party feels the marriage isn’t working out. The major reason why no-fault divorce was signed into law was to reduce the costs associated with divorce and also to reduce the complexity usually associated with most divorce cases. Though a no-fault divorce requires virtually no reason at all, the other spouse still has the right to contest the divorce and can possibly win if there is concrete evidence that the marriage has not been irretrievably broken for the required period of time.
What is Needed to File for No-Fault Divorce?
States that have established no-fault divorce laws have certain requirements besides the irretrievable breakdown of the marriage or irreconcilable differences. The following may be required before filing a no-fault divorce :
– Some states require a certain period of separation before you can file a no-fault divorce. The period of separation depends on the state involved. While some require the separation to have taken place for a few months, others require physical separation for up to two years. It is advisable to consult a divorce attorney because these laws are usually amended from time to time.
– In some states, irretrievable breakdown of a marriage could refer to complicated incompatibility issues that could not be resolved within six months, but it is better to visit the state’s court website to know whether there is a stipulated time frame because not all states have stipulated time frames.
– A vast majority of states have residency requirements, though some states lack these requirements. The residency requirements in some states are rigid; while some have flexible requirements, like getting married in the state qualifies you for residency.
If you are planning to file for a no fault divorce, you should at least consult with a divorce attorney. A divorce attorney can help provide solutions to issues that cannot be resolved.
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