Are you unhappy in your marriage and simply want to get out of it so you can move on with your life? Your spouse didn’t do anything wrong, and neither did you. You just want out. Can you do that? Will a judge grant a no-fault divorce decree or must you prove someone is at fault? The following breaks down the particulars.
What Is a No-Fault Divorce?
Many no-fault divorces state “irreconcilable differences” or “incompatibility” as the reason for dissolving the marriage. A no-fault divorce is pretty much any divorce where one spouse doesn’t have to prove the other spouse’s wrongdoing. It’s basically okay for them to walk their separate ways without claiming the other has done something wrong.
Does Someone Have to Prove Fault?
People can get a no-fault divorce in any state. You would not have to prove fault on the other party in order to obtain a divorce decree. This sometimes offers you and your spouse an easier and quicker way forward with the proceedings.
What if a Spouse Won’t Sign the Affidavit of Consent?
An Affidavit of Consent is a document that indicates each spouse’s consent to enter into the decree. In some situations, one spouse may refuse to sign the decree. Without fault, the judge cannot force the divorce decree. In such a situation, the couple must live through two years of separation before the divorce can be granted.
Are There Benefits of a Fault Divorce?
If you’re unsure how to proceed with your divorce, it’s wise to get the assistance of a family lawyer. You have questions and they have answers. One of your questions might be, “What is the benefit of a fault divorce?” If there is fault with the spouse, some complainants receive more in terms of payments from that spouse, or with the situation flipped could lose money if they were at fault. It’s something to consider, though, because if the spouse refuses to sign the Affidavit of Consent, a fault divorce could be forced by the judge.
Getting Legal Representation
No matter the situation with your divorce, it’s often the best idea to get legal representation. You don’t have to prove fault to get a divorce, and there could be a benefit of filing one way or the other. The important thing to remember is this is your situation and it’s unique. Contact an attorney, like a divorce attorney in Dallas, TX from Brandy Austin Law Firm, PLLC, today and get the assistance you deserve.