HomeLawNo-fault divorce with the rules explained in jargon-free language

No-fault divorce with the rules explained in jargon-free language


Have you and your former spouse grown apart?

Sadly, even without adultery or domestic violence, this can and does happen more often than most people think, causing a confusing situation when it comes to divorcing.

A no-fault divorce is a more modern type of divorce in which neither party is required to prove that the other person in the marriage was at fault for the breakdown of the union. Instead, the couple can simply state that their marriage has irretrievably broken down, and they can then proceed with the divorce. In this article we will discuss the guidelines for a no-fault divorce.

Where do you live?

Firstly, it is important to consider that the guidelines for a no-fault divorce vary depending on the jurisdiction in which the divorce is taking place. For example, if you are undertaking a no-fault divorce in LA, it is probably going to have different rules than if you were undertaking it in London. However, in general, there are several key requirements that need to be met in order to obtain a no-fault divorce, which divorce solicitors in Guildford will be able to help you meet.

A year is the goal

One of the most common requirements for a no-fault divorce is that the couple must have been separated or living apart for a certain period of time. This period of separation can vary depending on the jurisdiction, but it is usually around one year. During this period of separation, you must have been living separately in all areas, such as with bank accounts and finances too, and you must also not want to reconcile. In this sense, it is the same as traditional divorces.

You have to both agree

Another requirement for a no-fault divorce is that both parties must agree to the divorce. This means that both parties must consent to the divorce and must be willing to sign the necessary paperwork to make the divorce official. If one party is unwilling to agree to the divorce, it may not be possible to obtain a no-fault divorce.

In this instance, you may have to go through the traditional channels to get the separation, which may take longer and, unfortunately, be a bit pricier.

It may differ based on where you live

In addition to these requirements, there may be other guidelines that must be followed depending on the jurisdiction. For example, some jurisdictions may require the couple to attend counselling or mediation before the divorce can be finalised. Others may require the couple to divide their property and assets in a specific way or to come to an agreement regarding the custody and support of any children.

There may still be issues

It is also worth considering that while a no-fault divorce does not require either party to prove fault, there may still be other issues that need to be resolved before the divorce can be finalised. For example, the couple may need to come to an agreement regarding the division of their property and assets, or they may need to work out a custody and support arrangement for any children they have.

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