3 Things To Know About No-Fault Divorces

28 April 2021
 Categories: Law, Blog


Are you going to be getting a divorce, and you're wondering if your divorce can qualify as a no-fault divorce? Here are some things that you need to know about them.

No-Fault Divorces Don't Place Blame On Either Person

In the past, it was common that you needed to prove that your spouse did something wrong in order to justify a divorce. This can range from things like being involved in criminal activity, abuse, adultery, abandonment, and things of that nature. This would greatly increase the time spent going through the legal battle of divorce since it takes time to prove a reason that the divorce is necessary. It not only delays the divorce but leads to higher lawyer costs due to their help.

However, a no-fault divorce does not require that you prove fault. This allows couples to get divorced without spending the time to prove fault, which can help the process go much smoother for couples that just want to end their marriage. 

No-Fault Divorces Only Need To Prove That The Marriage Cannot Be Reconciled

One thing to keep in mind regarding the grounds for using a no-fault divorce is that there can still be fault involved that caused the divorce, but you don't have to go through the process of proving that someone is at fault. If you both agree to end the marriage for whatever reason that it may be, you can still use a no-fault divorce to make the split official. This is often the case when the spouse that caused the split is not going to contest why it happened, so there is no need to argue about it in court.

No-Fault Divorces Can Use Fault To Justify Property Division

Don't feel like fault can't come into play because you are getting a no-fault divorce. If one of the reasons for your divorce has resulted in your spouse spending marital assets, it is still possible to get those back during a no-fault divorce. This often comes up if the reason for divorce was because of drug or alcohol abuse, and they were spending too much on their addiction. It can also come up if someone was spending money on the person they were cheating with. You could use this as justification to ask for fair property division during a divorce, getting back your half of the money that was spent. 

Contact a local divorce lawyer to learn more.