Things You Need To Know About No-Fault Divorce

No-fault divorce is a type of divorce where the spouse does not have to prove any fault while filing for divorce. All states are “true” for no-fault divorce, but now only 19 states are “true” to no-fault divorces. You should contact a family law attorney Newburyport to learn about the process of no-fault divorce. When someone receives the divorce petition, the other person simply cannot object to the other person’s petition.

Things you need to know about no-fault divorce

  • You have limited grounds for defending the divorce.

The application of divorce can only be disrupted (a) based on jurisdiction, (b) marriage ended legally, (c) and the validity of the marriage.

  • You do not have to prove the marriage breakdown.

You can no longer defend a divorce based on the marriage that has not been broken down irreversibly. A decision will be taken on the statement of the applicant’s irreversible breakdown and no longer has to rely on supporting facts (Adultery, unreasonable behavior, 2 or5 years separation) to evidence that.

  • Have a minimum timescale of 6 months

The new rules include the 20-week mandatory waiting period from the day the court issues an application which is possible before applying for a conditional order. The common 6-week waiting period for the final order and conditional order still applies, which means the least timeframe for divorce is 26 weeks. Due to processing times and court delays, it may take at least 7-8 months. 

  • Joint applications are possible.

Now spouses can apply for joint applications, reflecting that the marriage has broken down. Both the spouses will be treated as applicants, while the joint application process is more straightforward as the requirement for serving the petition when the respondent falls away.

  • Can convert a joint application to a sole application

One party can solely move forward with the joint applications if the other party does not wish to proceed with it. The person seeking progress of the divorce can do it by applying for a final or conditional divorce as a sole applicant without amending the original joint application.

  • Service timescales

It is a new rule that has been introduced that requires divorcing applications to be served on the other spouse within 28days of being provided by the court. Earlier, there was no service deadline, which means that some applicants can start divorce proceedings while keeping the other person in the dark until they decide it is the right time to serve them. 

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