What is a no-fault divorce?
A no-fault divorce occurs when a spouse does not have to explain or prove why he or she wants a divorce. A couple can obtain a no-fault divorce if both parties state under oath that the marriage is irretrievably broken. Alternatively, a spouse can also obtain a no-fault divorce where one of the spouses has alleged that the marriage is irretrievably broken and the other spouse does not deny it.
There are situations that occur where one spouse wants to be divorced, but the other spouse does not want to be divorced. In these situations, there is not an option for a no-fault divorce. Instead, the spouse who wants to be divorced must prove to the court that the marriage is irretrievably broken. This occurs at a trial. At trial, the person must prove more that he or she wants a divorce. There are certain factors that a court must find in order to grant a divorce.
Contact Scott Hamblin
Please contact Scott Hamblin if you have questions related to a no-fault divorce or whether your marriage is irretrievably broken.