Most people who file for divorce in the country follow the no-fault procedure. This means that no partner accuses the other of causing the divorce. However, this doesn't mean you don't have to explain the split from your partner in the petition. More so, some states will have forms that ask you to elaborate on the grounds for the divorce. Given this, here is everything you need to know about the process and how a lawyer can help you explain plausible reasons to separate from your partner.
The No-Fault Proceedings
One of the main reasons people choose no-fault divorce procedures is the simplicity of the process. It means your partner will not contest the decision, and you will have less conflict as you part ways. You should know that some of the reasons that fall under the no-fault category include; irreconcilable differences, living apart, and confinement in a mental institution. That said, it does not mean the procedure is straightforward, and it is advisable to hire a divorce lawyer to guide you through it.
The Fault-Based Grounds
While filing for a no-fault divorce might seem easy, it is also crucial to be truthful about why you're parting ways with your partner. Note that the truth is essential because a divorce determines who gets the children, how much child support you get, and property division. For example, if you have an abusive partner, you might want a child custody agreement that puts the kids in your care.
As such, you must explain in the petition that your spouse is abusive and provide evidence so that you can get full custody of the children. In such a case, your lawyer can help you gather the evidence you need to support this claim. Other situations where you might have to file for a fault divorce is if your partner is financially abusive, a convicted felon, or has abandoned you. You should know that the proceedings are different when the court knows that your partner has the potential to be violent toward you.
Why You Need a Lawyer
You will need a lawyer to resolve your divorce, whether you opt for no-fault or fault. This is because legal guidance helps you avoid mistakes that could cost you a lot of money and peace of mind. It also helps make the best long-term decisions for you and the children.
If you are looking for grounds for a divorce, speak to a divorce lawyer before filing the petition. They will help you assess your situation, consider all possible outcomes, and pick the process that will protect all your interests.Share