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Family law: What is a no fault divorce?

by Dawn Hawkins

Created on: February 18, 2010   Last Updated: February 07, 2012

No fault divorce is exactly as it sounds. It allows the married couple to divorce without any grounds necessary to obtain it. There are other ways to get a divorce if you have legal grounds for divorce. Thos methods aren’t used very often today. It is much easier to use a no fault divorce than it is to fight it with legal grounds.

Other possible ways to get a divorce include adultery, cruelty, inability to consummate the marriage, incarceration and mental illness. These grounds can be used in some states, not all. You have to check the laws in your state to be sure of what your rights are when it comes to divorce grounds.

No fault divorce allows the parties to get divorced after a reasonable separation of the married couple. Both parties don’t have to agree to the divorce in order for it to take place. After the separation period, either party can file for a no fault divorce and obtain it. The separation period can be anywhere from one to two years, depending on the state that you live in.

No fault divorce is generally the cheapest way to obtain a divorce. There isn’t a huge divorce battle between the couple which means the lawyer’s fees won’t amount to nearly the same amount. You won’t even have to go to court in most cases. That means you don’t have to miss work or other important things. You just have to wait for the papers to come in the mail telling you that you are divorced.

Divorce is never emotionally easy on us. It can help to get divorced through no fault so that you don’t have to drag each other through the mud to prove your point. Getting things done cleanly helps both people move into their new life. You can make it harder on the other person if you wish. It won’t change the outcome to do that. However, when you make it harder on the other person, you make it harder on yourself as well. It has affects on other people as well. If you have children, a messy divorce is the last thing they need to see between their parents. Unless absolutely necessary, it is better to wait the separation period out and get a no fault divorce. This will keep you and your children in better emotional standing. When getting a divorce, no matter what type, it is a good idea to hire an attorney to make sure you understand all of your rights.

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