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What Is a No-Fault Divorce?

In recent years, the concept of a no-fault divorce has spread to many different states. Before no-fault divorce, people had to prove they had reason to end a marriage, like adultery or abandonment. Today, this is no longer the case.

This means that if you are considering divorce, you need to understand that nobody needs to be "at fault" in order to secure a divorce. In most states, you can divorce for any reason under the label of "irreconcilable differences." Read on to learn more about divorce laws.

So, What Exactly Is No-Fault Divorce?

Essentially, a no-fault divorce declares there is no need to force anybody to stay in a marriage he or she does not want to be in. Otherwise, individuals would need to establish legal grounds to end a marriage. With no-fault divorce, you can simply file for divorce and await an answer from your spouse. If your spouse fails to respond, you will go to court for a determination of your divorce. In court or mediation, you can determine things like child custody and property division.

Is No-Fault Divorce Beneficial?

No-fault divorce has several advantages. For one, it makes divorce less expensive. One party cannot drag out a divorce for months or years with threats of not agreeing to a divorce. If the other party does not cooperate, divorce is still an option.

During a fault divorce one party might lie a lot to gain favor with the courts. For example, one party might claim they have been mentally or physically abused to obtain a divorce. Today, this is not necessary.

On the other hand, no-fault divorce can be difficult to understand for those who have been victims of bad conduct by their spouses. Today, you may be able to recover financial expenses that were spent on an extramarital affair without your consent, but you may not be granted spousal support simply because your spouse was not faithful.

Legal recourse is still available for many situations though. For example, you can pursue a criminal court case regarding domestic violence, but it will be separate from your divorce proceedings.

What Should You Do?

If you are seeking a divorce, you should always speak with an attorney who handles divorce and other family matters. Your divorce attorney will help you get through a no-fault divorce, even if you feel that you have been wronged by your spouse. You have options, many you might not know about yet.