There’s no denying that divorce is a messy, complicated, exhausting ordeal. Even if you are divorcing your partner amicably due to irreconcilable differences or incompatibility, it can be difficult to settle things to everyone’s satisfaction without casting blame. As a divorce lawyer in Alameda County, CA from a family law specialist like AttorneyBernie.com can explain, this is where a no-fault divorce can be helpful.
What is a No-Fault Divorce?
No-fault divorce means that you do not have to prove that your partner is to blame for the divorce. No-fault divorce is legal and accepted in every state, as long as you have a state-accepted reason for filing for divorce.
Should I Consider a No-Fault Divorce?
If you and your spouse wish to separate due to incompatibility, a lack of interest in one another, or simply because you can’t get along, a no-fault divorce is probably the better option. It is simplified by the fact that you don’t have to prove fault or cast blame, and it is generally faster and cheaper than a typical divorce.
If you are separating for very serious reasons, such as adultery, bigamy, abandonment, or abuse on your partner’s part, no-fault divorce is usually not the typical route. However, sometimes an innocent party will decide not to cast blame on their spouse and opt for a no-fault divorce anyway to save themselves the stress and expense.
One additional benefit of a no-fault divorce is that you can file without your partner’s agreement. Only a few states make it possible for your spouse to contest the divorce by attempting to prove that the marriage has not been irretrievably broken.
What Do I Need to Do to Obtain a No-Fault Divorce?
It is fairly simple to obtain a no-fault divorce. You must be able to provide a reason for a no-fault divorce that is approved by the state. The most common reason (and one that is accepted by most states) is that you and your spouse simply don’t get along anymore. The official term for this is usually “irreconcilable differences” but the exact term varies depending on where you live.
In some states, there must also be a period of separation from your spouse before you can be granted a no-fault divorce. Your lawyer can help you understand the requirements for a no-fault divorce in the state where you live.
Divorce can be complicated, but if you’re separating for less serious reasons such as incompatibility or irreconcilable differences, then you may be able to save yourself tremendous stress and expense. Talk to your family lawyer to see whether you and your partner are eligible for a no-fault divorce.