Can Women File No Fault Divorce

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Yes, women can petition for a “no fault divorce” by following all the requirements of submitting that kind of Probate and Family court filing in the state of her residence or the state of the marital residence. Each State may have slightly different requirements for the filing of a no fault divorce petition.

What Is a “No Fault” Divorce?

The dissolution of a marriage without naming a ground of fault as to either party is called a “no fault divorce.” A no fault divorce allows a situation where neither party to the marital contract is required to name and prove a State specific acceptable fault ground such as abuse, adultery, desertion, alcoholism, drug addiction, insanity and incarceration in requesting a dissolution of the agreement. To obtain a no-fault divorce one spouse must simply assert marital incompatibility or irreconcilable differences causing the marriage to irretrievably break down. In this kind of petition for divorce there is no need for a defense mechanism or response filing but the other spouse may not fight the petitioned divorce action.  The up side is that there will be no derogatory testimony concerning inappropriate marital behavior and misconduct cannot be used to secure a division of marital property that is more favorable to the “innocent” spouse.  No fault divorce is available in every U.S. state except Illinois and South Dakota.     

Getting Relief Fast

A no fault divorce is essentially another term describing an uncontested divorce. There are now international divorce services in the Caribbean available to the citizenry of any country which can grant people a divorce in only a matter of days. A single hearing is all that is needed and the resulting divorce decree will be recognized on a global basis. This service likely will not be available to dissolve marriages where marital children are involved but if you need a divorce fast this may be a way to go! Have a divorce ceremony and invite all your friends to a swanky Caribbean reception!

Getting Legal Help

If you or your spouse is interested in filing for a no fault divorce after fully discussing the future of your marriage and concluding that the break down is irreparable it may be helpful to contact a divorce law attorney to discuss the possibility of going ahead with a no fault divorce petition in your state. An attorney can review the marital elements such as whether there are children or other legal dependants which may require that the court be allowed to conduct a more in depth review of the marital dissolution.

This article is provided for informational purposes only. If you need legal advice or representation,
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