No Fault Divorce Marriage is a happy time in a couple’s life. Thought planning their wedding and imagining what their future will hold for them fills the air with excitement. It is such a joyous occasion that when entering their commitment neither believes that divorce is will be an option at some point in their relationship. The harsh reality is that the United States has a staggering divorce rate of over 50% and each re-marriage thereafter increases even more. Divorce laws vary greatly depending on which state the proceedings are filed. Laws within each individual state can also change constantly. A few states still require fault and want to know the cause of the divorce. Some acceptable reasons for fault states are adultery, abandonment, convictions for Felonies or Misdemeanors, insanity, or cruelty. The spouse found at fault can also incur a greater portion of the debt from the marriage or may also be required to pay additional spousal support. Because of these two issues, a fault divorce is more desirable but also much more difficult, time-consuming, and costly to prove. A no fault divorce is when a spouse does not have to prove fault by the other spouse, but just simply state a reason that they no longer want to remain married. The most common reason given in a no fault divorce is “irreconcilable differences,” which is legal talk for simply stating that the couple can no longer get along. If the opposing spouse wants to refute this statement, they are simply reinforcing that they cannot get along. A majority of states support a no fault divorce. Within these states, there is usually a mandatory time for separation before the courts will allow the dissolution of the marriage. The wait period can last for only a few months to well over a year, which makes a fault divorce even more desirable to people. Most states also have a residency requirement, usually six months to a year. This means that a person cannot go to another state to file just because they like the divorce laws better in that other state. They person filing, also known as the petitioner, must have established residency in that state first. However, the decision made in one state will be honored in all others. With such a variety of laws, and the fact the laws are constantly changing, it is important always to seek legal council before making any decision.
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