In a no-fault divorce, you don’t need to prove any wrongdoing for divorce to be processed. Over 17 states in the US practice a no-fault divorce, including our dear New York City, California, and even Kentucky.
If your state doesn’t recognize no-fault divorce, you can always file based on your spouse’s conduct. In a no-fault divorce, the court will treat your marriage as a contract that is ending. There is no need for wrongdoing or witnesses, rather the marriage will be ended based on the irreconcilable difference of the marriage.
However, wrongdoings of any sort by any of the parties will influence other factors such as child custody. So you must be careful not to implicate yourself for the best possible outcome. So, here are the steps you should follow for a no-fault divorce.
Before you begin this journey, you must check your state laws for requirements for filing a no-fault divorce. The reason is glaring since the requirements always vary from state to state. Some states will mandate that you and your spouse be physically separated for some time before you’re eligible to file.
After you’ve filed for a divorce, your state may subject you to a waiting period before the divorce is finalized. It is important to know these rules and requirements peculiar to your state before beginning this journey.
After meeting your state’s requirements for a no-fault divorce, you must complete all the relevant no-fault divorce forms such as the petition for divorce. Do well to get in touch with your local county clerk’s office for copies of these forms.
With the help of a divorce attorney, you may not need to stress yourself with this process. Once you have completed the forms, you can serve your spouse the form. Whether your spouse accepts or not doesn't matter, you can always proceed with your court action.
If you and your spouse agree to the terms of the divorce, such as division of property, spousal support, child support, etc, the divorce is considered uncontested. In such a scenario, the judge will grant the divorce if he believes the settlement is fair to both parties.
But when reverse becomes the case, then you have a no-fault contested divorce. Thus, you will need to agree on the disputed issues before proceeding with the divorce. If you both don’t agree, there will be mediation or trial. In this case, an attorney will help you navigate this process,
Our team of attorneys has been guiding hundreds of people into navigating this strenuous divorce phase, and we can help you too. Give us a call, or perhaps fill our contact form.