Checklist to See if You’re Eligible for No-Fault Divorce

If you’re thinking about divorce, you could benefit from a no-fault divorce, which is typically quicker and speedier.

A no-fault divorce occurs when one of the marriage’s sides seeks for divorce due to their inability to get along. You don’t need to provide grounds for your divorce.

Some governments refer to this as irreconcilable disagreements, while others refer to it as the irreversible breakup of the marriage. They both indicate that the marriage is shattered and cannot be repaired.

Is it necessary for your spouse to agree to a no-fault divorce?

In most cases, the answer is no. In most states, one spouse may seek a no-fault divorce even if the other spouse does not consent to the divorce.

While no-fault divorce legislation were designed to make divorces easier and less expensive, the spouse who does not consent to the divorce may oppose it in a few jurisdictions. This implies that, even if the divorce is filed under no-fault rules, the other spouse may challenge the divorce by demonstrating that the marriage has not been irretrievably shattered for the requisite amount of time. A no-fault divorce cannot be granted if this is shown.

What Do You Need to File for a No-Fault Divorce?

In addition to the irretrievable breakup of the marriage or irreconcilable differences, all states with no-fault divorce laws have other conditions. Before filing for a no-fault divorce, the following may be required:

Some states demand a certain amount of separation before filing for a no-fault divorce. Some states require you and your spouse to live apart for a few months. Other states demand up to two years of physical separation. Because laws change all the time, consult with an attorney to find out whether your state has a separation period.

The majority of states have residence restrictions, however a handful do not. Some states have stringent residence requirements, while others offer loopholes, such as having been married in the state. Check with your county clerk or an attorney to find out what your state’s residence requirements are.

Irretrievable marital breakup might imply inability to get along for a certain amount of time, such as six months. Check your state’s court website to see if there is a deadline. This is not a necessity in every state.

Is your husband on board with the divorce? Even if your spouse does not agree to the divorce, you may still petition for one using no-fault divorce forms, which are often accessible on your state’s court website. If your spouse does not respond or appear in court, the court may give a default divorce decree.

If your husband agrees to the divorce, you may arrange for a settlement agreement to be drafted, ideally by an attorney who understands what should be included in such an arrangement. If you and your spouse agree on the conditions of your divorce, such as custody, visitation, child support, spousal maintenance, and asset and debt distribution, you have an uncontested divorce. You will avoid a trial in a no-fault uncontested divorce.

Your divorce may also be a no-fault disputed divorce, which occurs when you and your spouse cannot agree on the terms of the divorce. See if you and your husband can get down and sort things out so that you can agree on the conditions of your divorce. If you are unable to reach an agreement, you may choose to engage a mediator, if permitted in your jurisdiction, or you may both need the services of an attorney. Reaching an agreement can save you a lot of time and trouble.

Have you sought advice from a family law attorney? If you have unresolved difficulties or questions concerning the divorce, you should think about it. If you have children, you should also consider contacting an attorney since divorces with children have extra challenges, such as establishing a fair and realistic custody arrangement.

If you fulfil these standards for a no-fault divorce, particularly if it is uncontested, your case will be processed quite swiftly.

Because you do not have to go to trial on the grounds for divorce, a no-fault divorce is faster, less costly, and less stressful than a fault-based divorce. It enables you to move quickly to the terms of your divorce, which is the most significant aspect of your divorce in the first place.