What Does A No-Fault Divorce Actually Entail?
The divorce process is often highly contentious, but one way the governments in most states have tried to defuse those problems is by using a no-fault system. You may be wondering, though, what implications the no-fault approach holds for you. Here are four of the basic things a divorce lawyer would tell you about the process.
Zero Room for Fighting
At its core, the goal of the no-fault divorce system is to encourage both parties at the end of a marriage to limit the amount of legal fighting they will do. A no-fault divorce means that only one partner in the marriage has to ask for a divorce. They do not have to cite any specific harm caused by the other partner, and they may instead simply inform the court that there are irreconcilable differences.
Regardless of how you feel about the end of the marriage, there is no room for you to fight it. You cannot claim marital misconduct, such as abandonment or adultery. The party asked to respond to the petition will have no grounds for saying no to the divorce.
Production of Financial Information
A number of financial issues have to be settled before a divorce can be finalized. Not only do assets accumulated during the marriage have to be divided up between the two former spouses, but debts have to be, too. If one partner is seeking spousal support, pay stubs and tax documents will also need to be examined to determine how much support should be paid.
In most states, any necessary child support will be decided in a separate family court proceeding. Usually, this is set based on a formula, and each state uses one of three common approaches.
Questions About Living Arrangements
One thing the court does not want to see is someone becoming homeless because of how a divorce played out. If one partner is going to be raising a child, the court generally favors this person in deciding who should get the established home. When there are concerns about the ability of the two parties to cohabitate peacefully during this time, the court may order one out of the residence.
If a final agreement can't be stamped out within a couple of months, a temporary order may be entered. This ensures the less financially advantaged partner will have the resources to pay bills and put food on the table.
For more information, talk to a divorce lawyer in your area.