7/7/11

No Fault Divorce Proceedings Explained

By Tim Jenkins


No-fault divorce came about simply because of divorce attorneys and family law judges. They felt that with the way the current laws had been written, they were tied up trying to figure out the "he said - she said" parts of the divorce. Having a no-fault divorce, there doesn't have to be a specific reason for the filing. In other words, you don't have to place blame on either party in order to file for a divorce. This has considerably decreased the amount of back-log within the courts.

To some, the greater number of divorces is to be blamed on the no-fault law. These people really feel that this law has made it too effortless to just get a divorce, as opposed to attempting to work it out. But should you really feel that your marriage is irreconcilable then a no-fault divorce will be the right option for you. You do not need to go into court and try to discover stuff to blame on the other spouse.

A no-fault divorce is less pricey than the other forms of filing. And also the processing has turn out to be a great deal faster and more prevalent. While this option is available in lots of states, you still have the alternative for alleging grounds for the divorce, like infidelity, abuse, monetary impropriety, and other people. It is usually a fantastic notion to consult an attorney for anyone who is unsure of how you need to file for a divorce.

No-fault divorce is also an alternative if just one spouse wants the divorce. Each and every spouse has their own rights with regards to splitting up the assets and debts, child custody, child support and/or alimony, and child visitation. Most states have a requirement that 1 spouse have to have resided in that state for a certain length of time, often at the least 6 months and sometimes a year. Check together with your court clerk on what the requirements are for your state.

When you will find children involved, the court will ensure the financial, educational and emotional requirements of them first. Having concerns for the kids, several have advocated for stricter concerning no-fault divorces. Having the thought that if it had been harder to get a no-fault divorce, fewer persons would file them and fewer youngsters would grow up in single parent households.

Being granted a no-fault divorce doesn't necessarily mean that a spouse cannot be sued if there had been any criminal actions that may possibly have result in the divorce. They can file a separate claim in civil court, or in a criminal court and demand prosecution. If 1 spouse can prove their side of the case, the result can be an unequal division of all of the assets.

You'll find several issues to take into consideration when filing for divorce, it is very best when you consult your local court officials and attorneys as to what exactly is offered in your state.




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