No Fault Divorce Forms
Other Information on No-Fault Divorce Forms
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Statistics: General Divorce |
What Is a No-Fault Divorce?
Several types of marriage termination depend on the legal grounds people have for their family breakdown. A no-fault divorce is when spouses break up because of so-called "irreconcilable differences" that make it impossible to get along. They don't blame each other for severe wrongdoings such as adultery, violence, abuse, etc. Consequently, nobody needs to prove anything to get divorced. This way of marriage dissolution is generally cheaper for both parties, as the legal process is straightforward and doesn't require long-term litigation. Although one party may disagree with their spouse's decision to break up, the lack of severe legal reasons for divorce defines it as a no-fault.
What Are the No-Fault Divorce States?
In the past, people needed to prove their spouse’s fault to terminate their marriage. Today, all states allow citizens to file for a divorce without providing such evidence, but their approaches to marriage dissolution differ. There are true “no-fault divorce states” in which petitioners can’t refer to such reasons as abuse or adultery when applying for a divorce. These are California, Colorado, Florida, Hawaii, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, Oregon, Washington, and Wisconsin. Other states, in addition to allowing for a no-fault option, also allow the petitioner to blame their partner for wrongdoings. These “fault” states are Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, District of Columbia, Georgia, Maryland, New Jersey, New York, North and South Carolina, Vermont, and Virginia.
Necessary Documentation for a No-Children Divorce
If there are no minors in the family, the legal process for “no-blame” marriage termination becomes even more straightforward. It requires less paperwork and makes it easier for a couple to agree on the terms. The list of divorce papers to be filed to court is similar to the one people with children prepare, excluding parenting plans and child custody forms. Each state has its paperwork requirements, and document contents differ, but typically there’s a standard set of forms to fill out:
- Petition for marriage dissolution, in which the initiator of the process asks to terminate their marriage due to irretrievable breakdown without a chance for reconciliation
- Summons, where the petitioner notices the respondent about starting the divorce process
- Response form, which a defendant should provide within a specified time after getting a summons
- Property declaration listing assets and debts the partners obtained during their family life.
Depending on individual circumstances, one party may ask for spousal support. In this case, the person making such a request should support it with additional documentary evidence proving the party’s necessity for financial help from their spouse.
How to File for a Divorce without Children
Family law regulations and the requirements for associated paperwork, vary throughout the country. Here are some general recommendations for separating couples on how to prepare and file for marriage termination properly:
- 1. Discuss your family breakdown with your spouse and try to agree on marital property division and other related issues. The more you agree together, the easier the juridical process will be.
- 2. Check your state regulations for no-fault divorce without children and ensure you are eligible for it (there are no biological or adopted minor children in your family - in some states, pregnancy is also a disqualifier). Pay attention to residence requirements as well.
- 3. Find the appropriate state-specific legal template package in the US Legal Forms online library. Divorce forms on our website aren't generic; professional lawyers drafted them in compliance with local laws.
- 4. Look through the form package preview and download your selection on your device. Make sure you have a valid subscription to purchase our legal templates. Most forms contain guides and instructions that we recommend you follow. Complete all required documents on paper or electronically and file them in your local court.