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No Fault Divorces

In a no fault divorce neither party is held responsible for the breakdown of the marriage. One party must simply state that they have “irreconcilable differences” and that the marriage cannot be saved. Some states allow a no fault divorce after a relatively short waiting period, others do not allow no fault divorces without significant period of separation.

A no fault divorce is best for everyone involved if both parties can agree to terms. It can prevent a lengthy and painful court battle in which spouses accuse each other of bad behavior. In some states a no fault divorce can be obtained even if one party objects.

Support and Division of Property
Support and division of property can be affected by a seeking a no fault divorce. Typically in a no fault divorce there is a greater likelihood of an equal distribution of property. In a fault divorce the party found to be at fault can be negatively affected according to the degree and severity of fault.

Controversy Surrounding no Fault Divorces
Some states are trying to end no fault divorces in an effort to encourage couples to stay married. Those who oppose no fault divorces feel that they contribute to the breakdown of marriages and families and are harmful to children in particular and society in general. Those who support no fault divorces believe that they provide a less acrimonious avenue for divorce and that an unhappy marriage is not a good environment for raising children, and feel that no fault divorces are, therefore, less harmful to children. While both arguments have merit, it is reasonable to assume that couples will not stay together simply to avoid blame. Requiring one party to assume blame can result in dishonesty where both parties agree that one party will accept non-existent blame, merely to obtain a speedy divorce.

Always Seek Legal Counsel
Even though a no fault divorce is usually best for everyone involved, you should consult an attorney before agreeing to a no fault divorce. You could be permanently giving up rights that you may later regret losing. If children or significant property are involved, or if your spouse is guilty of significant wrong-doing a fault divorce may be necessary to protect your rights. If you suspect that your spouse has committed a serious crime, to which you were not a party and not previously aware of, a fault divorce may be the only way to protect yourself from prosecution.

No fault divorce, when possible, is less painful and usually much easier to settle than a fault divorce. If you are facing or considering a divorce, talk to an experienced divorce attorney about your potential options for a no fault divorce today.

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Disclaimer: Information contained throughout The Divorce Lawyer Directory is intended to generally inform you about divorce law and introduce you to divorce lawyers throughout the U.S. The information regarding divorce and divorce law is not meant to be taken as legal advice. If you like to speak with an experienced divorce attorney, click on the link to your state to find an experienced divorce lawyer in your area for an initial consultation.
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