What does a no-fault divorce mean?
A no-fault divorce is based on irreconcilable differences, incompatibility, or irretrievable breakdown of the marriage. It means that the spouses cannot get along, and there is no hope for reconciliation. Unlike a fault divorce, neither spouse has to prove the other’s bad behaviour as to what has caused the end of the marriage.
No-fault divorces are often quicker and cheaper. There is also less drama in no-fault divorces as the spouses do not need to badmouth each other. These divorces also give the family more privacy and less stress to the children.
One major downside of no-fault divorces is that spouses who have been wronged cannot swing the judge in their favour regarding child custody or spousal support decisions. Infidelity and other misbehaviours are often irrelevant, which may leave one spouse feeling that the decision was unjust. Still, a competent family law attorney might get you the most favourable outcome even in a no-fault state. If you’re divorcing in Oregon, I suggest contacting Stacy Regele. She even offers a free consultation.
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A no-fault divorce is when the spouse filing for divorce doesn’t have to show evidence or proof of wrongdoing (fault) of the other party, hence the term “no-fault.” Although the specifics may vary, this option is recognized and offered across all states. Some of the commonly cited grounds for a no-fault divorce include: (a) irreconcilable differences, (2) irreparable breakdown of the marriage, and (c) incompatibility.
While each state has its regulations when handling such divorces, what is consistent about a no-fault divorce is that both spouses are no longer able to get along and move forward with the relationship, and reconciliation is nowhere in sight.
California, for example, is a no-fault divorce state. Therefore, once a spouse declares that the couple cannot get along (irreconcilable differences), there is no need to provide the court with any proof or reason for filing the divorce. However, the court will ensure that all the other aspects, including child support, custody, property division, and other things that may apply, will be evaluated and judged accordingly. If you’re in California and need divorce lawyers Bay Area, visit KasparLugay.com to get in touch with their legal experts who can help.
