Filing No Fault Divorce

Divorce Papers > No Fault Divorce > Filing No Fault Divorce

Divorce is a legal process that provides legal dissolution of marriage between two individuals. Every divorce process, even if it is a no fault divorce type, consists of definite set of legal procedures that are to be taken place in an organized manner.

In case of filing a no fault divorce, it is not compulsory that the divorcing husband and wife hire the services of an attorney. In a no fault divorce the spouses usually come up with all final decisions regarding essential matters like property or debt distribution, child custody or support, alimony settlement and likewise, from their own side. Although, it is a fact that the different states in the United States have varying laws of no fault divorce, there are some common points. For example, the process is initiated when a petition is filed. Further, there may be a mandatory waiting period during which the respondent (or defendant) may respond to the petition. The various terms of the divorce may be negotiated between the divorcing partners and if they fail to do so then court may enter into the scenario. However, you are not required to have assistance of any attorney while filing a no fault divorce in the court house.

Filing No Fault Divorce without the services of an attorney

• The first and foremost step is to arrive at a decision regarding the jurisdiction
• It is never compulsory that the state in which the marriage took place must be the state in which the divorce must be filed
• Each state in the United States has its own rules that specify that the divorcing partners must be a legal resident of the state for a certain period before filing the divorce papers
• If the above mentioned period is complete, the divorce papers can be filed in the superior court or the state courthouse of the county
• The second step is to input the details in the petition. This is the first document in the process of filing for a no fault divorce
• The petition is generally 1 to 2 pages long. It possibly demands a proof of residency. The petitioner has to mention the grounds of the divorce. Further, the petitioner has to indicate the preferences for topics like alimony, child care and child custody.
• The third step is to append the supporting documents. This is a very tough process. The divorcing partners are expected to disclose all their liabilities, debt, income and assets.
• The divorcing couples must read the instructions that accompany these supporting documents. These instructions provide an insight regarding filing these forms. Moreover, the divorcing couples may take the guidance of a public service legal assistant or courthouse employee about filling these forms.
• The fourth step is the service of the papers. The petition along with the supporting documents must be served to the other partner.
• In some locations, it may be mandatory to file a proof of service in the court indicating them about the date of service. This date sets the last date before which the respondent (or Defendant) must respond, if he /she desires to safeguard self rights.

• Most importantly, the petitioner need to make sure of the suitability of a particular ground on the basis of which a no fault divorce can be filed in the court house. Therefore, clear mentioning of the divorce grounds is one of the crucial requirements during such divorce case.
• It has been mentioned above that the most challenging part of filing the divorce is the financial disclosure of paperwork. The toughest part of settling the terms is revealing the details of topics like child custody, property division etc. It has been detected that some divorcing partners take the services of an attorney for this procedure. If this is the case, then it is a good idea that the other divorcing partner should also take the services of a lawyer.
• When the divorce papers are served, this is an indication that the divorce has been officially filed and is in motion. Now, it is essential that the divorcing partners should reach an agreement about the various issues of the divorce and these must be in written form in the marital settlement agreement.

Consequently, it can be stated that in entire process of a no fault divorce, the filing procedure is considered to be the most crucial step and hence, it should be performed with definite care and an organized manner as per the laws defined by the concerned state.

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