WHAT IS A NO FAULT DIVORCE?

In the simplest terms, a no fault divorce can be defined as wherein the spouse who is requesting the divorce does not have to prove that the other spouse did something “wrong”. Each state in the U.S. allows no fault divorces; although, no fault divorces are handled differently in each state. For example, some states require spouses to live apart for a specific number of months or years before a no fault divorce can be obtained.

If you want to get a no fault divorce, then you must simply provide a reason for the divorce that is legally recognized by your state. Most states allow a couple to simply declare that they can no longer cohabitate peacefully. This reason is also referred to by the names of “irreconcilable differences”, “incompatibility”, and “irremediable breakdown of the marriage”.

Michigan recently passed a no fault divorce law, applicable to Michigan residents, wherein a no fault divorce can be obtained without establishing that the other party is “at fault”. A divorce can be granted by a trial court if the court deems that “There has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” It is important to be aware that fault issues may still arise when it comes to child custody litigation and division of the marital estate.

Divorce cases are taxing and difficult for all parties involved, and it is imperative to have a family law attorney who is sensitive to your needs and who can work with you to create a plan that protects you, your legal rights, and your assets. It is not uncommon for both parties to financially suffer as a result of a divorce.

If you are in need of a men’s divorce attorney, place your trust in the experts at Bailey Smith & Bailey. We’ve helped hundreds of men through divorce, and we can help you get through yours with the best possible outcome. Contact us today to schedule a consultation!