How Does A No-Fault Divorce Work?

A No-Fault Divorce is a way of getting a divorce without claiming wrongdoing on the part of your spouse. It is based on what is known as the “irreconcilable differences” ground or an “irretrievable breakdown of the marriage.” You and your spouse can get a no-fault divorce by attesting under oath that your marriage has been “irretrievably broken” for at least six months. 

Grounds For Divorce 

In a no-fault divorce, the grounds for divorce are not blamed on one spouse. Instead, the couple chooses to file for a divorce on the grounds that they cannot reconcile and believe their marriage is broken. This allows a less contentious and more private path to a divorce settlement. It also saves time and money on court proceedings. Previously, couples had to prove their spouse’s fault before they could get a divorce in most states. However, many states now recognize irreconcilable differences as grounds for divorce. In addition, many states require a period of separation before a no-fault divorce is granted. These roundabout ways to end a relationship were once used as a way of avoiding blame, but they are no longer valid grounds for divorce. 

Mediation 

No fault mediation is a form of dispute resolution where both parties agree to meet with a neutral third party. It can be beneficial in a divorce for a number of reasons. A no-fault mediation session is confidential and may take place in the comfort of your own home, at one of the attorneys’ offices or at a conference center. Many couples choose to mediate because it offers a safe and facilitated forum for discussing complex issues. It can also help couples preserve a sense of connection with each other and their children. 

Litigation 

The no fault litigation process works by allowing spouses to obtain a divorce without assigning blame to one party. This is particularly helpful in cases where the couple has grown apart or one partner wants out of the marriage. This is because it eliminates the need to collect evidence of wrongdoing. This often takes a lot of time and money, which can cause both parties to lose interest in the case. The law in most no-fault states also sets monetary thresholds for pain and suffering. These thresholds are typically around $1,000 or more but may be higher in some states. 

Settlement Agreements 

It’s important to remember that divorce negotiations can go poorly even if both spouses aren’t at fault. If a couple has a lot of assets and / or custody issues, they can benefit from working with a lawyer to draft a No-Fault Divorce Settlement Agreement. This can save both of them a great deal of money and stress. For example, New York is a no-fault state, meaning that you don’t have to prove your spouse cheated on you or abused you in order to obtain a divorce. However, you will have to file on fault grounds in some states if you want a larger share of the marital property or alimony. 

Judges 

You must be aware that not all no-fault divorces are the same. It is important to speak with an experienced solicitor about the best way forward for you. For example, a survey of judges in Illinois found that a majority of them were in favor of the no fault concept. They did not feel that it would negatively affect settlements or judicial decisions. However, this may not be the case for judges in other states. 

Categorised in: Divorce Lawyers