A no-fault divorce is a unique type of divorce in certain states where neither spouse is required to prove that the other is to blame for the issues that caused the breakdown of their marriage. It is one of the three primary types of divorce seen throughout the country and, unlike fault-based divorces where one party must show evidence of misconduct, a no-fault divorce simply acknowledges that the marriage ended due to irreconcilable differences.
This approach to divorce often leads to a more amicable and less contentious divorce process which can save time and money while preserving a sense of normalcy for any children you may have. For many couples, a no-fault divorce is a practical solution, especially when both partners come up with a way to part without assigning blame.
Step 1. Understand the Requirements of No-Fault Divorce
Before initiating a no-fault divorce you first need to ensure that you meet the basic requirements for filing in the first place. In most jurisdictions where no-fault divorce can be filed, there are specific grounds for it. Common reasons include irreconcilable differences or irretrievable breakdowns which lead to the end of the marriage. Essentially, these just mean issues that cannot be repaired.
Eligibility will also involve residency requirements in most cases, and one of the spouses must have lived in a jurisdiction for a set period of time. Many states also require a waiting period before the divorce can be finalized, which may range form a few months to as long as a year. Make sure that you research and understand the specific grounds for no-fault divorce in your location to avoid any complications during the process.
Step 2. Gather Necessary Documentation
Once you have confirmed that you meet any eligibility criteria for a no-fault divorce, you’ll want to gather all essential information and documents to move forward. This will include your marriage certificate, proof of residency if needed, and financial documents such as tax returns, asset listings, and more. If you have any children you will also need to gather child-related documents such as custody agreements, healthcare plans, and other items.
In a no-fault divorce, it’s critical to have all these pieces of evidence on hand, even if you and your spouse agree to the terms, as it will streamline the process and ensure that all legal and financial aspects of the divorce are addressed right away.
Step 3. File the Divorce Petition
The third step is the one where you actually file the divorce petition with the appropriate court for where you are located. The petition serves as the official request to end the marriage and sets the entire legal process in motion. This document will include all of your personal information, a statement of the grounds for divorce, and any additional requests such as child custody agreements, property division agreements, spousal support, and more.
When filing the petition, you will also need to pay a filing fee which can vary from jurisdiction to jurisdiction. Depending on the complexity of your case you can choose to file all of this by yourself or you can work with a family law attorney to get it all submitted. The court will then assign you with a case number and schedule a hearing date if needed.
Step 4. Serve Divorce Papers to Your Spouse
After filing the divorce petition, the next step is to actually serve your spouse with divorce papers. This is an essential part of the process as it informs the other party of the action and gives them an opportunity to respond. There are a number of ways to serve someone with divorce papers including delivering it directly, service by mail, or service through a process server but, regardless of the chosen method, make sure it is handled successfully. Improper service can delay the divorce process or cause legal complications. Depending on where you live your spouse may even need to signal receipt of the papers.
Step 5. Respond to the Petition
When your spouse receives the divorce papers, they have a set period of time in which they can respond. In a number of no-fault divorces, the response is typically straightforward as both parties usually agree to the terms laid out in the petition. There are instances, however, where your spouse may disagree with certain aspects and may file a response that outlines the objections. If this happens, the court may schedule a mediation session or hearing in order to help resolve disagreements. Consult with a divorce attorney if any disputes arise as the nuances can have far-reaching implications if not addressed.
Step 6. Negotiate the Terms of the Divorce
Even in a no-fault divorce, there are likely to be important aspects of the marriage that remain to be settled ranging from property division, spousal support, child custody, and more. If both parties are on the same page about these issues then the terms can be negotiated without extensive court intervention.
However, if the parties cannot agree, they will need to choose a resolution process, ideally one that is less expensive and more amicable than going to court.
Step 7. Finalize the Divorce
Once any and all issues have been resolved, either through negotiation or court intervention, the final step will be to obtain the decree of divorce. This is the official court order that legally ends the marriage. The court will review all the terms of the divorce which ensures both parties have reached equitable agreements, and then issue the decree. At this point the divorce is final and both parties are legally free to move forward with their lives separately.
Plan Out An Effective Divorce From Your Partner
Filing a no-fault divorce offers a less contentious path to dissolving a marriage in many cases and allows both spouses to move forward without the burden of needing to prove fault. Once the divorce is finalized, it’s important to update any legal documents you may have on hand, including wills, beneficiary agreements, insurance, and more, to reflect your new single status. Divorce is undoubtedly an emotional process, but an amicable and effective proceeding will make moving on and rebuilding your future far easier.
