No-Fault Divorce Law

All states now offer no-fault divorce, yet some implications are not considered grounds for divorce in certain states. A no-fault action is described as a divorce where the spouse imposing the divorce does not have to prove the other spouse was at fault in order to cause the divorce. Contact a lawyer in your area today, to learn more about your state laws on no-fault divorce.

Grounds for No-Fault Divorce

  • Incompatibility
  • Irreconcilable differences
  • Irremediable breakdown of the marriage

One requirement for a no-fault divorce consists of separate living arrangements for a certain period of time. This is only required in some states, so it is best to contact an attorney to be informed of your state requirements for filing a no-fault divorce.

What is the difference between a no-fault divorce and a fault-based divorce?

Though all states do offer no-fault divorce, only 13 states consider no-fault as adequate grounds for a divorce. Fault-based grounds are only offered in approximately thirty-nine states, and must be due to excessive cruelty, desertion, drug use, and/or adultery. As stated above, no-fault consist of a divorce where neither party is blamed for the disbanding of the overall marriage.

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Divorce Problems

Some of the most common issues facing divorcing couples are the following:

  • Property Distribution
  • Child Custody
  • Child Support
  • Asset Protection
  • Alimony

It is wise to have a divorce lawyer on your side during a divorce where both parties don't agree on the above issues.

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