The Facts Behind A No Fault Divorce

No fault divorce relates to a situation where one party is not putting specific blame

on the other party; in other words the breakdown of the marriage is due to difference that cannot be reconciled. No fault divorce is the easiest for law firms and courts to deal with and therefore is considerably less expensive for the parties involved. Importantly, the levels of stress that inevitably can occur are kept to a minimum meaning that within a short period of time both parties can get on with their lives.

In the U.S. it is usual in most instances for matters relating to law to be dealt with at federal level. However, one example where there is little federal involvement is the laws relating to divorce. Historically, these have been legislated for at state level and generally this remains the case today.

As legislation relating to divorce is dealt with at state level, it has meant that it can vary by state. Fortunately, there appears to be a consensus between states which means that the laws are now fairly similar. Nonetheless, if you are in need of a divorce it is important you check out the relevant divorce laws for the state you reside in. If you and your spouse now reside in different states, it is wise to check out the laws for each state so you can opt for getting divorced in a state that has easier requirements and fewer criterions.

Taking the state of Virginia as an example; it is one of the easier states to file for divorce, then there are few requirements. All that is necessary is that one of the parties to the divorce must have resided in the state for at least a period of six months and the couple must have been separated for six months; 12 months if minor children are involved.

If the divorce is uncontested; that is to say both parties agree to the divorce and any property and financial issues are agreed, the court can agree to the divorce in a matter of weeks; in fact it is possible under certain circumstances to get a divorce in one week.

However, it is imperative that you can provide the necessary proof to the court that you have resided in the state for at least six months and that you have been separated for the required period. If it found that one of other is not the case then the court will dismiss the case and costs will be incurred, both from the law firm and the court.

No-fault divorces can usually be completed without the need for either party to actually ever visit the offices of the appointed law firm and neither is a court appearance necessary. This not only makes the divorce simpler and quicker it reduces the costs considerably. For example, in Virginia the standard court costs for a no-fault divorce are less than $100. Additionally, all the paperwork necessary for presentation to the court can be completed by the law firm for under $500. So if the two parties are in agreement you can get a no-fault divorce for about $300 each.

by: Lawrence Reaves

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