3 Things You Should Know about No Fault Divorce

The no-fault divorce can help many people who are seeking to dissolve their marriage with as little hassle as possible. Sometimes, hassle-free isn't always the way no-fault divorces happen. It's still a divorce, and as such, there are a few things you should know before you attempt one.

1. No Fault Divorce Law Varies by State

People read about no-fault divorces and think that what they read applies across the board. While the concept of no-fault divorce now exists in every state, each state handles them a little differently. While this isn't really a downside, it can become one if you think things should work one way but they don't.

What you can do about it: This all means that you shouldn't assume that what you heard or read is absolutely accurate. Always make sure that you read up on divorce law specifically for your state. If you speak to any professionals, make sure they know how things work in your state.

2. One Party Can Initiate and Finish a No Fault Divorce

The very nature of a no-fault divorce allows one person to initiate the process without their spouse. If your spouse initiates the divorce, but you want to save the marriage, there's not much you can do about it.

You can go through counseling, lawyers, and mediation, but if your spouse is set on having the divorce, then it's a divorce they will have. You can prolong the divorce, but you cannot halt it if the other party doesn't want it halted.

This may all sound great for some, but it's disheartening for many others who truly have a desire to make the marriage work. It can also turn into a problem if the judge agrees to terms of the divorce that you didn't work out beforehand.

What you can do about it: You can still attempt to work on the relationship, but if the other party is adamant about wanting out, there's not many options available to you.

However, you can take the necessary steps to negotiate a divorce settlement that's more favorable to everybody involved. Don't passively let the proceedings occur. Be proactive with the divorce.

3. You Might Have to Wait for Your Divorce

Many Jurisdictions require that you wait before you can continue with your no-fault divorce. This wait time can last anywhere from a few months, to five years. Typically, you don't have to wait until the separation time requirements are met before you file for the divorce.

What you can do about it: In some cases, there's nothing you can do about the required separation time. Keep in mind that you can usually go through with the filing requirements during your separation time. Otherwise, you can seek a different kind of divorce. There are options available, but it's best to discuss them with a local divorce attorney.

Family and divorce law changes frequently. You should always make sure that you speak to someone who knows the law. A divorce attorney like Cragun Law Firm is aware of those changes, and can help you navigate your divorce proceedings properly.