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In a "no fault" divorce, the spouse filing for divorce does not have to prove the wrongdoing of the other spouse. Instead of stating adultery, mental cruelty, alcohol use, drug use or insanity, the spouse can simply state "incompatibility," "irreconcilable differences" or "irremediable breakdown of the marriage." While "no fault" divorce laws vary from state to state, some states require that the couple live apart for months or sometimes years before they can have a "no fault" divorce.
There are important considerations to be made during a "no fault" divorce. Some considerations include the division of the assets, spousal support/alimony and child support, in the case of children. Fathers should be careful in "no fault" divorce situations because when there is no one at fault, a judge's decision is not always objective and the court typically favors mothers since it is difficult to prove that the mother is unfit to parent the child.
Going through with a divorce can be a complicated process. A divorce lawyer can guide you through the process and ensure that your rights are being protected during divorce proceedings. A "no fault" divorce lawyer can make sure the assets are not overlooked and that the divorce ends well for you and your children.
If you are planning a "no fault" divorce, speak to a "no fault" divorce lawyer today. Attorney Search Network can help you find a Family Law Lawyer with "no fault" divorce experience in your area.
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