Divorce has changed significantly over the past few decades. Whereas it used to be that one spouse had to prove the other was at fault, these days no-fault divorce is much more common, and many states allow spouses to get divorced without proving anything except that they’ve lived separately for a certain period of time and want to terminate their marriage. So how does no-fault divorce work? In this article, we’ll look at what no-fault divorce is, who qualifies for it, how couples are affected by it, and more.
Understanding No-Fault Divorce: Important Information
What is a no-fault divorce?
There are two primary ways of getting a divorce. The first, and historically more common method, is via fault grounds. With fault divorce (sometimes referred to as traditional or conventional divorce), one spouse must prove that his or her partner has done something wrong—for example, committing adultery or physical violence against them. In a no-fault divorce, no such wrongdoing is necessary. Instead, a spouse can simply seek separation on account of irreconcilable differences between spouses. There are many things to know about no-fault divorce, and family lawyers Melbourne CBD can help you understand the ins and outs of this type of split. If you're considering no-fault divorce, make sure you are aware of these five important points.
Can either party refuse a no-fault divorce?
In most states, both parties must agree to a no-fault divorce. This means they must consent or agree on all issues relating to their marriage, and agree that there are grounds for divorce. If either party refuses a no-fault divorce, you may have a contested divorce instead of a no-fault divorce. This can lead to prolonged legal fees and costs. Instead of taking part in court hearings, try negotiating in mediation sessions or with family lawyers who can help determine if you're eligible for a no-fault divorce. Check your state laws for more information about contested versus uncontested divorces and how each one may affect your case.
Is there anything that can be done if one spouse refuses the no-fault divorce?
Yes. If one spouse refuses to sign off on no-fault divorce, then it will have to be done as a contested divorce. If you are in that situation and have questions about how you can dissolve your marriage, make sure you speak with an experienced family lawyers Melbourne CBD. It’s important to remember that if one spouse doesn’t want a divorce and is refusing without justification, that could possibly be considered domestic abuse and grounds for seeking alimony.
Who pays the legal fees for no-fault divorces?
This is a surprisingly complicated question since every state has different regulations for who pays for divorce proceedings. Some states, such as Florida and Arizona, have laws that dictate payment arrangements in cases where one spouse can’t afford an attorney. In other states, such as Pennsylvania and Nevada, there are set statutes of reimbursement – meaning you pay your share of the costs and then get reimbursed by your spouse after reaching a settlement. In most states, however, it's up to both spouses to pay their own attorney fees in no-fault divorces – which means each party could be on the hook for hundreds or even thousands of dollars.
Source: Things You Need to Know About No-Fault Divorce
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