No fault divorce

No fault divorce explained in human terms

What is a no fault divorce? No fault divorce follows the simple process of going on the basis that there does not need to be a reason for the divorce, only the fact that it is irreconcilable, that means the parties cannot work out their differences.

The person desiring the divorce would file with the court a petitioner for dissolution of marriage. The other party, known as the respondent, would then have a certain time limit in which to file an answer to the petition.

Process during the divorce

Once the petition for dissolution of marriage is filed, the respondent has a certain amount of time to file a response after they are served. Usually this is about 20 days. In the cases where the respondent cannot be located, the petitioner must file what is called notice. Notice is act of putting an ad in the local paper to inform all parties involved that a petition for divorce has been filed. The ad needs to run anywhere from three to six weeks. After the time requirements have been met, the petitioner would then file for a default.

The default is the filing of a motion for default and it asks the court to grant the divorce without the respondent having to do anything. The courts would most likely then grant the divorce.

After the respondent files an answer to the court, the courts will then set a date for a hearing. If the couple has children together, they would need to take parenting classes. In some cases, the courts may require that a mediation session be attended. What the mediation does is it brings both parties to an amicable agreement, and possibly save the marriage as well.

Time it takes to divorce

From start to finish, the entire process can take anywhere from six weeks to a few months. No fault divorces are usually quick because the parties generally do not have counsel. That does not mean that counsel is not permitted to be retained though. The courts will usually advise that this be done.

All states now grant no fault divorces. To file for divorce, residency must be proven. This means that the person filing for the divorce must have lived in the state for the past six months or longer. Collaborative witness may need sign affidavits saying the petitioner has had residency. A driver’s license will work to prove residency and witnesses are only needed if the petitioner has none.

No proof is required to file for a no fault divorce. Either party may file. Both parties are urged to attend any court dates. If paperwork is not filed in a timely manner, the case may be dismissed. The time frame for this is usually 90 days from the filing of the petition.

No fault divorces are usually quick and easy. They are simple to file and the courts process them fast, once all requirements have been met. For this reason, they have become very popular. The main thing to watch out for is that all paperwork is filled out properly. Having mistakes can hold up the process. Everything that is filed must go to all parties. That is the petitioner, the respondent and the court.