What is a No Fault Divorce?
No Fault Divorce
Many jokes have been made over the term “the seven-year itch” … for those of you who don’t dabble in psychology, or keep up with trends like why nearly half of the nation’s marriages end up in divorce, this phrase is based on the popular movie by the same name that was released in 1955. The concept of the seven-year itch has been a widely accepted phenomenon that many couples start to get antsy and lose interest in their significant others around the seven-year mark.
For some, the dissatisfaction with one’s partner begins long before seven years. It may begin after the first or second child, or a particularly tumultuous year due to a financial hardship. Whatever disagreements crop up, if they are repetitive and volatile, then it is time to take some action. You might want to opt out of going the route of a traditional divorce, and go for a more streamlined no-fault divorce.
A divorce will wreak havoc for anyone, whether you opt out of the relationship via a traditional divorce, or take a more streamlined approach with a no-fault divorce. It is a time for not looking back and instead calculating to split all previously held assets. To ensure this division of assets is done properly you must consult with an attorney who specializes in family law. His or her expertise will lead you to a simpler path, especially if no-fault divorce might be an option for you and your spouse, although you may not necessarily travel through the court system any faster.
As easy as it sounds
A “no-fault” divorce refers to a divorce based on “irreconcilable differences” or an “irretrievable breakdown of the marriage” which is just lawyer speak for stating that a couple can’t get along and there’s no hope for reconciliation.
If you and your spouse opt to sever the relationship forever, there are some simple steps and then poof … you’re not married anymore. It’s sad when you think that part of your marriage vows were “til death do us part” … what happened along the way?
How no fault divorce works
Most states now have laws that permit a “pure” no-fault divorce, and, those states that don’t, allow a variation of no-fault divorce. As an example, Arkansas and Louisiana don’t recognize “irreconcilable differences” as a basis for divorce, so, in the past, one had to show evidence of a spouse’s fault(s) before the court would grant the divorce, but this is no longer applicable. The alternative in states that don’t recognize “irreconcilable differences” is that couples are now able to divorce based on doing so by “separation”. If you and your spouse want to avoid alleging “fault” in these states, you can do so simply by showing that you’ve been separated for the requisite period of time.
Opt for “fault” divorce
As stated above, approximately two thirds of the U.S. states allow spouses to allege “fault” as the basis for a divorce. Choosing the “fault” route, one spouse is permitted to argue that through the “fault” of the other, something caused the failure of the marriage. Though each state has slightly different “fault” grounds, some of the most-common grounds are: adultery, abandonment, substance abuse, and a felony conviction. In choosing a standard for marital misconduct, the court will consider the marital misconduct as a factor when dividing assets. For example, if the offending spouse squandered joint assets on an extramarital affair, then court will award a greater share of marital property to the innocent spouse.
Stigma of a “fault” divorce
Isn’t it just easier to go the “no fault” route and just sweep any bad behavior under the rug, thus not having to publicly flog your spouse by flaunting his/her indiscretions, or are we such a loose society these days that men or women behaving badly is more readily acceptable? By requesting a divorce without stating the reason(s) for wanting one, is better in today’s world, it is becoming more socially acceptable to become divorced. Stating that separation has transpired and thus requesting a divorce based on living in separate residences for at least eighteen months is a good enough reason for the state of New Jersey. If you feel this is the route for you and your spouse, then consider contacting a top divorce lawyer in New Jersey.
Divorcing today
As more states accepted the no-fault divorce, it is becoming easier and easier to just end a marriage. No more gathering evidence and presenting it to an attorney, then to a judge. No tearful depositions or hearings in court to reiterate time and time again what has been happening to make you seek a divorce. It is just cut-and-dried and over. It is almost too simple and clinical, but in cases where a contentious relationship existed and the children were privy to the arguing, name-calling, etc., it is a blessing in disguise.
For some, the dissatisfaction with one’s partner begins long before seven years. It may begin after the first or second child, or a particularly tumultuous year due to a financial hardship. Whatever disagreements crop up, if they are repetitive and volatile, then it is time to take some action. You might want to opt out of going the route of a traditional divorce, and go for a more streamlined no-fault divorce.
A divorce will wreak havoc for anyone, whether you opt out of the relationship via a traditional divorce, or take a more streamlined approach with a no-fault divorce. It is a time for not looking back and instead calculating to split all previously held assets. To ensure this division of assets is done properly you must consult with an attorney who specializes in family law. His or her expertise will lead you to a simpler path, especially if no-fault divorce might be an option for you and your spouse, although you may not necessarily travel through the court system any faster.
As easy as it sounds
A “no-fault” divorce refers to a divorce based on “irreconcilable differences” or an “irretrievable breakdown of the marriage” which is just lawyer speak for stating that a couple can’t get along and there’s no hope for reconciliation.
If you and your spouse opt to sever the relationship forever, there are some simple steps and then poof … you’re not married anymore. It’s sad when you think that part of your marriage vows were “til death do us part” … what happened along the way?
How no fault divorce works
Most states now have laws that permit a “pure” no-fault divorce, and, those states that don’t, allow a variation of no-fault divorce. As an example, Arkansas and Louisiana don’t recognize “irreconcilable differences” as a basis for divorce, so, in the past, one had to show evidence of a spouse’s fault(s) before the court would grant the divorce, but this is no longer applicable. The alternative in states that don’t recognize “irreconcilable differences” is that couples are now able to divorce based on doing so by “separation”. If you and your spouse want to avoid alleging “fault” in these states, you can do so simply by showing that you’ve been separated for the requisite period of time.
Opt for “fault” divorce
As stated above, approximately two thirds of the U.S. states allow spouses to allege “fault” as the basis for a divorce. Choosing the “fault” route, one spouse is permitted to argue that through the “fault” of the other, something caused the failure of the marriage. Though each state has slightly different “fault” grounds, some of the most-common grounds are: adultery, abandonment, substance abuse, and a felony conviction. In choosing a standard for marital misconduct, the court will consider the marital misconduct as a factor when dividing assets. For example, if the offending spouse squandered joint assets on an extramarital affair, then court will award a greater share of marital property to the innocent spouse.
Stigma of a “fault” divorce
Isn’t it just easier to go the “no fault” route and just sweep any bad behavior under the rug, thus not having to publicly flog your spouse by flaunting his/her indiscretions, or are we such a loose society these days that men or women behaving badly is more readily acceptable? By requesting a divorce without stating the reason(s) for wanting one, is better in today’s world, it is becoming more socially acceptable to become divorced. Stating that separation has transpired and thus requesting a divorce based on living in separate residences for at least eighteen months is a good enough reason for the state of New Jersey. If you feel this is the route for you and your spouse, then consider contacting a top divorce lawyer in New Jersey.
Divorcing today
As more states accepted the no-fault divorce, it is becoming easier and easier to just end a marriage. No more gathering evidence and presenting it to an attorney, then to a judge. No tearful depositions or hearings in court to reiterate time and time again what has been happening to make you seek a divorce. It is just cut-and-dried and over. It is almost too simple and clinical, but in cases where a contentious relationship existed and the children were privy to the arguing, name-calling, etc., it is a blessing in disguise.