What Everyone Should Know About No-Fault Divorce

Law Blog

If you're looking at having a divorce, it's important to have a solid idea of how the no-fault system works. A divorce lawyer may tell clients to be aware of the following three things.

The de Facto Rule

A strict interpretation of most states' divorce laws, though not all of them, would say that a fault-based divorce is possible. However, no-fault divorce is such a common occurrence that it is the de facto law of the land. Courts are rarely interested in claims of fault. In most states, at least as far as it pertains to a divorce, it doesn't matter whether someone cheated, lied, or engaged in abuse. To the extent any of those issues are relevant, such as spousal or child abuse, they are handled in separate criminal or family court hearings as the law deems appropriate.

It Takes One

It might take two to get married, but it only takes one to get divorced. The law recognizes what is known as irreconcilable differences. Suppose a divorce attorney files a suit on behalf of whichever partner is no longer satisfied with the marriage. It doesn't matter what the other partner thinks, even if they believe something like marriage counseling or a legal separation would be a better choice. While they might be able to stretch things out with a few months of delays, eventually a court may grant the divorce.

50-50 Splits Are Almost Mythical

The odds that a court will grant a 50-50 split of the assets from marriage are close to zero. A judge's mandate is to provide an equitable and fair distribution of assets, but it doesn't have to be a truly equal split.

There are many reasons why one partner might receive more. For example, they might have brought most of the pre-marital assets into the relationship and it simply stayed that way. A court may also find that one partner provided significant support to the other during the marriage, such as working while the other one went to college. In that scenario, the spouse who sacrificed to benefit the other may be entitled to more assets.

It is normal for a couple to negotiate the asset split without going to a hearing. Generally, there may be some back-and-forth dealing regarding who wants what, but it's rare that two people sincerely want the same assets just as much. Likewise, splits in terms of spousal and child support rarely add up to 50% of one partner's pay. As such, child custody agreements nearly always end with one parent getting primary physical custody and more time with the kid.

Contact a divorce lawyer for more information. 


4 January 2021

family law - impacting your life

Just as there are laws to protect us on the roads, there are laws to protect our families. Whether you are fighting for the right to see your children, or are in the beginning stages of a divorce, a lawyer can help. There are many laws and stipulations that can have a serious impact on the outcome of any family legal situation. Having a lawyer working at your side to get through a difficult time is the only way to ensure that your rights are fully protected. On this site, you will learn about some of the family laws that could be impacting your life today.