Can Men File No Fault Divorce

There are two types of divorce: fault and no fault.  In a fault divorce, the complaint will allege one of the fault grounds recognized under the laws of the state in which the case is being filed.  In a no-fault divorce, the complaint must allege the no-fault grounds for the divorce authorized by state law.  In most states, the no-fault grounds must be stated in specific language set forth in the applicable statute.  Although the approved no-fault language varies from jurisdiction to jurisdiction it is usually along the lines of: 

• Irreconcilable differences;
• Irretrievably broken; or
• Unsupportability. 

Who Can File for a No-fault Divorce?

Either the husband or the wife may file for a no-fault divorce.  In most instances where the plaintiff alleges no-fault grounds for the divorce, the divorce will be uncontested.  An uncontested divorce is one where the parties are in agreement on all issues, including: 

• Child custody;
• Child support;
• Visitation;
• Alimony and spousal support; and
• Division of property and debts. 

If the parties are not in agreement on all issues, the divorce is a contested matter. 

What is the Process for a No-fault Divorce if it is Uncontested?

If a no-fault divorce is uncontested, the plaintiff must file an acknowledgment of service and a settlement agreement along with the complaint for divorce.  The acknowledgment of service, also known as a waiver of service, must be signed by the defendant to acknowledge that she has received a copy of the complaint.  

The settlement agreement must set forth the agreement of the parties on all issues.  The settlement agreement must be signed by both parties.  Many jurisdictions require that the signatures on a settlement agreement be notarized.  

If the parties have children, most jurisdictions now require that they attend parenting classes before the divorce can be finalized.  Each spouse will receive a certificate of completion which must be submitted to the court as proof of completion of the parenting class. 

Once the complaint, acknowledgement of service, settlement agreement, and certificate of completion of the parenting class have been filed with the court, the case will be scheduled for a final hearing.  In states that have a waiting period, the final hearing will not take place until after expiration of the waiting period.  In most jurisdictions, the plaintiff will be required to appear at the final hearing for the presentation of the evidence to the judge.  At the conclusion of the evidence, the judge will grant the divorce.  

Getting Legal Help

Whether you intend to file a no-fault divorce or a fault divorce, you need the assistance of an experienced divorce attorney.  Having a qualified divorce attorney on your side is critical to obtaining the best possible outcome under the circumstances.