Considering No-Fault Divorce? Here’s What You Need To Know
Going through a divorce can be one of the most difficult and stressing times for everyone involved. The process can be long and grueling, especially if you’re filing for a fault divorce. Another option for divorce is known as a no-fault divorce and it can save both parties time, money, and stress. When you file no-fault, the process is different than a fault divorce, but it is one of the most beneficial ways to acquire a divorce if you and the other party. Prior to filing for a no-fault divorce, there are various important considerations to take.
What is a No-Fault Divorce?
A no-fault divorce, as the name suggests, is the process of getting a divorce upon the agreement that neither spouse was to blame. This means that you don’t have to prove that the marriage is ending because of something that was the other spouse’s doing. Rather, when you file for divorce, all that must be proven is that the marriage has been ‘irretrievably broken’ for at least six months. Then, one spouse is required to state and reiterate this point under oath. The no-fault divorce does not bypass all other requirements for divorce, which is important to recognize.
For example, issues of child support, property distribution, custody, and visitation rights must have been decided by the court or agreed upon by both parties. A no-fault divorce has different implications than a fault one and you should be sure the no-fault route is what you want before you file.
No-Fault vs Fault
As mentioned previously, a no-fault divorce relieves blame and wrongdoing from both parties. A fault divorce, on the other hand, implies that one party did something negative to damage the relationship. The grounds for fault divorce include cruel and inhuman treatment, domestic violence, abandonment for one year or more, imprisonment for over three years, adultery, and living separated or with the intention to separate for over a year.
The major difference between the two proceedings is that in faultless cases, there is no blame, while in fault cases there is. When you’re going through the process, if you feel as if neither party is at fault for the dissolution of the marriage, a no-fault dissolution may be best for you. Thankfully, there are plenty of benefits associated with filing for a no-fault divorce.
Benefits of a No-Fault Divorce
Compared to a fault divorce, filing for a faultless one has plenty of benefits. One of the most valuable benefits is that it sets a tone for the remainder of a divorce. If you file for a fault divorce, hostility can arise. Rather, when no fault is being placed on either party, it may be easier to come to agreements.
Additionally, the no-fault option is cheaper. Going to court can be expensive, and when you file no-fault there’s no need to prove to a judge that one party is to blame. This saves time and stress as well.
Lastly, if children are involved, a it could be easier on them. This way, a child will not have to hear that one parent harmed the marriage and potentially take sides. Regardless of your reasoning to file for no-fault divorce, the benefits of doing so are vastly seen.
Get Help Today
Divorces can be sticky situations. If you’ve found yourself struggling and in the process of getting a divorce, The Cimino Law Firm can help you through these troubling times. We will ensure that all parties involved are satisfied with the divorce results.
For a confidential consultation to discuss how we can help you, contact us today and schedule an appointment!
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