No-fault divorce refers to a situation in which the spouse that is filing for divorce is not attempting to prove any fault on the part of the other individual. In order to move forward with a divorce in this situation, the person petitioning for divorce simply needs to give the general reason for the divorce.
The most commonly given reason is an irreparable breakdown of the marriage or irreconcilable differences. These are complicated ways of saying that the couple is no longer capable of getting along and that one or both parties agree that it cannot be repaired and should instead be ended. A spouse cannot object when the other spouse decides to file a petition for a no-fault divorce since this would be recognized by the court as further proof of irreconcilable difference.
Bear in mind that all states across the country recognize no-fault divorces. However, there are some stipulations within individual state laws that would require that individuals live apart for a period of time before either of them is eligible to file for divorce. Fault divorces are less common than no-fault divorces these days. Bear in mind that a spouse cannot stop a no-fault divorce.
One thing that does typically apply in no-fault divorces is that a spouse must be a resident of the state usually for at least six months or as long as one year before being eligible to file for divorce there. An individual who initiates a no-fault divorce petition will need to illustrate that they have resided there for a required period of time.
Only several states across the U.S. such as South Dakota and Alaska have no statutory requirements about your resident status, rather being a resident in the state at the time you file for a no-fault divorce is indication enough. In the event that a spouse is eligible for the residency requirement of a state, a divorce obtained within that state will still be viewed as valid even in situations in which the other person lives somewhere else. The courts of all different states across the country will still recognize that divorce. Decisions that a court makes with regards to custody, property division, child support or alimony may not necessarily be viewed as valid unless the court that made such a decision did have jurisdiction over the non-resident spouse.
If you are planning to file for divorce in any state, no-fault divorce may be the most effective option for you. As the most popular filing type, it may be recommended for you unless there are significant benefits associated with filing for a fault divorce. Determining this on your own can be complicated and is not recommended. Sitting down with an experienced lawyer to walk through all the major issues in your case, however, can help to illuminate what makes the most sense as far as your filing options for no-fault divorce.
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In the event that you choose to file for divorce, having all of the relevant information including an inventory of your assets and debts can be beneficial. Find out what you need to know and more about filing.Read More