Divorce Guide

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How To File No Fault Divorce

Whenever one decided to dissolve a marriage on the grounds of “no-fault” where none of the spouses need to declare that the other spouse is at fault and has committed any wrong-doing, then the automatic question next is- how to file no-fault divorce?

Steps in filing no-fault divorce

Firstly, once the petition for dissolution of marriage is filed by a spouse in the court of law, a copy of it sent to the other spouse. That spouse has period of 60 days to file for a responsive pleading and on the 60 th day they would get a court hearing to attend. If the disputes in the marriage are numerous then the period would be longer.

During this period, the spouses are given temporary child custody, temporary spousal support, and the financially stronger spouse may need to even bear the expenses of the court and attorney of the other spouse.

The next step is to have the spouses obtain a written settlement agreement which details the provisions for spousal maintenance, child custody issues, property division in divorce, how to distribute debts etc. If there is no dispute over these pertinent matters, it becomes uncontested divorce. In such cases, the courts ask the spouses to fill up a written agreement covering all the aspects of the divorce.

When there are no children involved
If there are no children involved in the marriage, no-fault divorce becomes relatively easy to file and becomes a simple process. One saves a great deal of money and time by representing own self while filing for the divorce. Moreover, in such cases, marital separation agreement need also not be filled.

When there are disputes between the spouses regarding matters of property or child custody, it is advisable to settle the matter between each other through divorce mediation. Then you may convert the contested divorce into an uncontested divorce procedure. Otherwise, one may require the help of an attorney in filing the no-fault divorce which would not only involve a lot of money but might just take a lot of time also. There are separate divorce laws again concerning child custody, child support, spousal support, divorce rights etc which a judge looks into before giving the final verdict.

Filing DIY no-fault divorce
  • Filing no fault divorce in the court of law with out the help of an attorney is referred to as DIY no fault divorce. In this case, it is prudent to download the pertinent no-fault divorce documents and forms from a good source from the net that allows you to have access to perhaps an attorney or a legal firm online who would help you out of trouble.
  • While filing for no-fault divorce cases, you must be careful that the forms that you have downloaded pertain to the state that you belong to. No-fault divorce laws may vary from state to state and the jurisdiction of one state may differ from the other. Some states specify the time of legal separation may be of a minimum stipulated period and hence, you must be aware of this clause.

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