No fault divorce is a term that is applied when both parties in a divorce agree to the division of property. As it becomes more socially acceptable, more couples have to file for divorce than would have been imagined a hundred years ago. Although never easy, by taking the no fault route, it is a much easier process for both parties. There are a number of things to consider when filing, and a specific course of action you must take. It is advisable to seek counsel when making this huge decision, even if both of you are agreeing to a no fault divorce, since every state has different laws.
One of the leading causes of divorce is marital finances. If the couple has had open communication about finances, a no fault divorce is possible and advisable. Frequently, one spouse has trouble with the other’s financial habits, and this is often what has driven them to file for divorce. It is important that all marital property and assets be accounted for during a divorce, since one spouse is often unaware of many of the financial decisions. Both parties have a responsibility to disclose retirement accounts, stocks and bonds, homes, vehicles, and valuable assets since these items are considered marital property.
As you navigate this process, you will inevitably have to come to terms with the things that you are giving up. Even though you were not able to work through these issues in marriage, it is better if you can step back and take a practical approach on division of property once you have filed for divorce. If you and your spouse can agree once you file for divorce, the easiest type (and least expensive) is a no fault divorce. This is a simple procedure where you agree to how things are being divided, such as house or equity, furniture, monies, etc. Unfortunately, most people don’t feel very agreeable during a divorce, but it is definitely the easiest route to take, and will save a lot bitterness if you can do it this way.
Having children together makes divorce messier, as you have to agree on visitation and child support. This can still be done in a no fault divorce, but definitely use an attorney so you make sure everything is correct. The state’s guidelines for child support should be followed so that if it’s ever necessary you will have an easier time collecting it. If you trust your ex to pay, that is fine, but many people prefer to go through the state system to have support garnished if they decide not to pay. If you feel this could be the case, you will realize quickly that an attorney is invaluable in walking you through the red tape.
Although you can file for a no fault divorce yourself through the court system, the money you save in the beginning can cost a lot in the long run if you haven’t made sure everything is done correctly. An attorney will know what questions to ask both parties to make sure the divorce is fair and equitable. Too many people get divorced, and then realize two years down the road there are financial things you are responsible for from your prior marriage. Once the papers are signed, it’s too late to make changes for who is responsible. Although divorce is painful, you will make it through. Make sure to find a local or online support group so others can give you advice and encouragement as you go through this rough time.