In the past, divorce cases often involved heated disputes over who was responsible for causing the breakdown of the marriage. Today, that is not necessary in most divorces. This is thanks to something known as no-fault divorce.
In a no-fault divorce, the court can issue a final decree without pointing a finger at who was responsible for the relationship’s end. In these cases, a dedicated divorce attorney can typically help resolve a dissolution quicker and with less costs than a fault-based divorce. However, there are certain instances where a fault-based dissolution may be more advantageous. Relying on a Suwanee no-fault divorce lawyer is the best way to ensure you choose the option that is most beneficial to your future.
As the name suggests, a no-fault divorce is a divorce case that does not take into account which spouse is responsible for the breakdown of the marriage. The purpose of this approach is to allow a spouse to leave the union at their discretion.
While fault-based divorce cases have numerous different grounds for divorce, there is only one in no-fault cases. When a spouse files for no-fault divorce in Georgia, they only need to establish that the marriage is irretrievably broken. This means there are irreconcilable differences between the spouses that eliminate any chance for continuing the relationship.
The other requirements of a divorce case also apply whether the proceeding is no-fault or fault-based. For example, someone who files for a no-fault divorce must be sure to comply with state residency requirements that state one or both of the spouses must have lived in the state continuously for six months prior to the filing of the petition. A Suwanee attorney can ensure a couple complies with all state divorce requirements to facilitate the smoothest dissolution process possible.
By avoiding the disputes that come with a fault-based divorce, it is possible to protect the privacy of the spouses and their families. Any issues that might have led to the breakdown of the marriage do not have to be mentioned in court or raised in proceedings. A no-fault divorce is also usually faster than a fault-based proceeding, which can cut down on legal fees.
While a no-fault divorce might not be as contentious as a fault-based divorce, that does not mean it will be without conflict. These divorce cases can still take time, even when the parties agree to move forward with the no-fault process. This is due in part to certain issues being contested. For example, disputes over child custody or spousal support are common in both fault and no-fault divorce cases. If a couple is not able to agree on these terms, the process can take months or even longer to resolve. Thankfully, a Suwanee no-fault divorce attorney can help avoid these delays by recommending alternate dispute resolution options such as mediation.
Additionally, there is a mandatory waiting period of 31 days after a couple files for a no-fault divorce before the judge can grant the dissolution.
A no-fault divorce is often the best option when it comes to the dissolution of a marriage. This process can allow both parties to pursue a fresh start without the need for costly public litigation.
If you are considering divorce, the no-fault option could be for you. Reach out to a Suwanee no-fault divorce lawyer from our firm to learn more.