No Fault Divorce: Things You Should Know

Facts About No Fault DivorceWhen spouses decide to pursue divorce, but see no need to prove any fault on each side, they are filing for a no-fault divorce. In this case, one spouse needs to state a reason for marriage dissolution recognized by the state. The reasons include irreconcilable differences, incompatibility, or irreparable breakdown of a marriage.

While there are three different grounds, they only mean that both parties do not get along and that the relationship is beyond repair. Its main feature is that the spouse filing for a case should not prove any wrongdoing on either party and must pick one ground and use it to file for the divorce.

Recognized in All States

Family law attorneys in Denver, CO note that all states recognize this type of divorce. Some, however, require that spouses live apart for a certain period of months or years before filing for no-fault divorce. The court will authorize the divorce if the differences have caused the breakdown of the marriage, showing that the relationship is irremediable or irretrievably broken.

Fault Divorce (Not for All States)

By contrast, there is also a fault divorce. Here, one spouse will show or cite reasons that the other party is responsible for the breakdown of the marriage. The thing is, however, it is not common and not all states recognize it. In states that recognize it, the grounds include abandonment, adultery, imprisonment, and inflicting physical or emotional pain.

Not the Same as Uncontested Divorce

It is important to note that a no-fault divorce is different from uncontested divorce. The first refers to the grounds of divorces such as incompatibility or irreconcilable differences. The latter, on the other hand, is the level of agreement between the parties regarding the grounds for divorce. Uncontested divorce happens where couples collaborate the work together to come up with a mutual agreement.

Divorce is a complicated issue, so it is important for spouses to a hire a divorce lawyer. This is to know more about the process and know which type of divorce is the best option. The right divorce attorney can help in providing the paperwork and providing legal representation.

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