What is a no-fault divorce?
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What is a no-fault divorce?
With such a significant portion of marriages ending in divorce in this country, it's little wonder why most states still have no-fault divorce laws on the books. In fact, most couples wanting to dissolve their marriages consider these no-fault divorce laws to be the easiest and fastest options available to them.
However, despite the relative ease in ending their marriages, couples can still benefit by relying on an attorney during their divorces. When they pursue a no-fault divorce, people should have a lawyer to advise them on these legal matters.
The Reason for the Divorce
A no-fault divorce does not require that a spouse prove that the other person in the marriage did something wrong or somehow contributed directly to the union’s end. As long as the person filing the motion provides a reason that is permissible by state law, the divorce can typically proceed without complications.
On the other hand, providing a viable reason by law that also complies with the no-fault boundaries can be tricky. A lawyer can help the person filing the motion to provide a reason that fits the letter of the law and also expedites the process as much as possible. Some of the more common reasons for this include incompatibility or irreconcilable differences.
Child and Spousal Support
Despite neither party taking responsibility for the end of the marriage, both still have the legal responsibility of taking care of and providing for their children. A lawyer can make sure that the court orders child support for the minor children and that visitation matters are addressed fairly.
Likewise, if one spouse could be at an economic disadvantage after the case is settled, an attorney can also make sure that the spouse is awarded support. This order typically applies to wives who stayed home to take care of children and have not worked in a number of years.
Division of Property
Even if both parties agree to the divorce, they must divide up their property according to state law. Most states have communal property laws that mandate that marital property be divided equally between spouses.
Nonetheless, if either person disagrees about what is and what is not communal property, this person might need a lawyer to help contest the division in court. Similarly, the other spouse can have their attorney advocate for the property to be awarded to the rightful owner.
Spouses who want to reclaim their former names must often file a legal request to do so. This action must be filed according to the law or it could be denied altogether. A lawyer can make this request on a person’s behalf and make sure that the judge is aware that the client wants their former name back. Many times, this request is granted simultaneously with the divorce decree.
Most states allow people to file for no-fault divorces. Even so, people can benefit by retaining an attorney for the reasons outlines above.