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No-Fault Divorce

An increasing trend in the family law world is the prioritization of no-fault divorce. Unlike in ages past when divorce was only granted when provable marital offenses were present, no-fault divorces exist to allow marriages to dissolve with simple “irreconcilable differences.”

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Hoover Krepelka, LLP

64 years in practice
Alimony, At-Fault Divorce, Child Custody, Child Support, Contested Divorce
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Cantor Law Group

33 years in practice
Adoption, Alimony, Child Custody, Child Support, Contested Divorce
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Law Office Of Bryan Greenberg, PLLC

12 years in practice
Adoption, Alimony, At-Fault Divorce, Child Custody, Child Support
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Bugeja Law Firm

13 years in practice
Adoption, Alimony, Animal Bites, Auto Accidents, Child Custody
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Thomas H. Bray, Attorney at Law

15 years in practice
Alimony, At-Fault Divorce, Child Custody, Child Support, Contested Divorce
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Law Office Of Bryan Fagan

11 years in practice
Adoption, Advance Healthcare Directives, Alimony, At-Fault Divorce, Child Custody
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Dissolving a Marriage Fairly

No-fault divorce is legal in all 50 states and is the exclusive method of divorce in 17 states plus Washington D.C. Before filing for a no-fault divorce it is advisable to consider the advantages and disadvantages that this process offers, ideally with an experienced family law attorney.

No-Fault Divorce Advantages

The no-fault divorce’s prime advantage is ease of acquisition. The standard for a no-fault divorce is left intentionally vague and features such open-ended language as “an irreparable breakdown of the marriage.” This is designed to facilitate a clean exit from the marriage even if the other spouse opposes divorce. In fact, opposition to divorce can be sufficient evidence of irreconcilable differences for many judges.

Another advantage of no-fault divorce is its emphasis on equity. Since neither spouse is considered to have wronged the other for the purposes of the divorce, the court takes a more egalitarian view towards the dissolving marriage. This means that assets and child custody are more likely to be split 50-50 compared to an at-fault divorce’s handling of the same set of facts and issues.

No-Fault Divorce Disadvantages

There are some stumbling blocks in no-fault divorces. By filing a no-fault divorce, it may be difficult to leverage another spouse’s malfeasance in court. If an at-fault divorce is filed and evidence of adultery, abuse, or other grounds are demonstrated, the wronged spouse stands to gain significantly more in terms of potential alimony, assets, and custody. While a no-fault divorce can also show preference to a wronged spouse, the assumption in most cases is that a no-fault divorce is being filed because both parties are equally liable for the breakdown of the marriage. This assumption may be mitigated if the state requires no-fault divorce as the exclusive method of dissolving a marriage.

Fighting to Protect Your Interests

In order to ensure that your interests are protected during a no-fault divorce, you will need the help of an experienced family law attorney. An experienced family law attorney will be able to use their experience, legal skills, and shrewd negotiating abilities to decisively argue your case before judges and mediators in order to expedite the divorce process and deliver the results you want.

IIn order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today to be matched with skilled and experienced attorneys in your area who practice Family law.


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No-Fault Divorce Frequently Asked Questions

1. What is a no-fault divorce and how does it differ from an at-fault divorce?

A no-fault divorce is a method of legally dissolving a marriage that does not involve proving fault. No-fault divorces are more common than at-fault divorces, with 17 states and Washington DC only offering no-fault divorces. Unlike in an at-fault divorce, the filing spouse does not need to prove any claims in order to have the divorce proceed.

2. What are the grounds for filing a no-fault divorce?

The grounds for divorce are intentionally left open-ended and feature such language as “irreconcilable differences” or an “irreconcilable breakdown of the marriage.” These broad and slightly vague justifications translate to allowing people to divorce their spouse for a number of reasons. In some cases, the fact that the other spouse opposes the divorce can itself be used as justification of claims of irreconcilable differences.

3. What is the process for obtaining a no-fault divorce and what are the required legal procedures?

Legally a no-fault divorce is pretty straightforward. First the other spouse is served, then there is a hearing followed by a period of time in which spousal support, asset division, and custody are decided. Once they have been resolved, the divorce is finalized and the marriage is dissolved.

4. Are there any advantages or disadvantages to pursuing a no-fault divorce?

No-fault divorce has a few advantages compared to at-fault divorce. In order for an at-fault divorce to be successful, there must be a proven marital offense. By contrast, a no-fault divorce can proceed even if there is no provable harm actively being done. However, the settlement of issues such as alimony, asset division, and custody will be more egalitarian in a no-fault divorce than in a proven at-fault divorce.

5. How does the division of assets, alimony, and child custody work in a no-fault divorce?

In a no-fault divorce both spouses are usually determined to start on equal footing. Unless some drastic evidence arises, this means that the court will aim to equitably divide assets, determine alimony, and award child custody. All other things being equal, this means an even division of assets, alimony for the less prosperous spouse, and co-parenting equal custody.

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