Divorce is never easy for any relationship. You have spent time trying to make it work, and you have finally come to the conclusion that it just won’t get better. If you and your spouse are incompatible, it may seem like a legitimate reason to file for divorce, but in actuality, there are many details that you need to consider first.
When we look at divorce in general, there are over 800,000 divorces and annulments each year. According to a report by the Centers for Disease Control and Prevention, there are 827,261 divorces and annulments in 2016. While the number may seem staggering, it is actually on the decline and has been dropping each year since 2000.
There are many reasons that a couple may decide to get divorced from financial issues to infidelity, but all of these fall under at-fault divorces, which are considered grounds for filing. Now, incompatibility falls under no-fault divorces, which is considered grounds for filing, but there are, however, some things you need to think about before you file for a no-fault divorce.
As a couple, you need to come to terms with whether or not a no-fault divorce will suit your marriage situation. If you are both in agreement that you want a divorce and can see eye-to-eye on its terms, it may be the best route for you and your spouse to take.
If you are involved in a marriage that is struggling with several issues that cannot be clearly communicated between each other, a no-fault divorce based on incompatibility may not be right for your situation. You need to weigh the advantages and disadvantages carefully and speak to a divorce attorney about what your best legal option is. They can provide you the legal guidance you are looking for and will provide advice that can make the decision easier.
Advantages Of A No-Fault Divorce
There are several advantages to filing for a no-fault divorce when an incompatibility is an issue. For example, the real benefit of no-fault divorces is the amount of time it takes to get divorced. These divorces tend to happen quickly and can allow you and your partner to part ways with little to no issue.
You may also appreciate that there are fewer requirements that have to be met when filing for a no-fault divorce because of incompatibility issues. The only requirement that needs to be met under the law is that you and your spouse live in different residences and that you abide by the waiting period in your state. Keep in mind these requirements may differ where you live, but in essence, they are the same through the U.S.
A no-fault divorce can also save you money. They are less expensive than standard at-fault divorces as they take less time and produce fewer court fees as a result. This can allow you to finalize your divorce without having to come to the table with a significant amount of money that may be more than you can afford.
In most instances, no-fault divorces are mutual. Neither partner will contest getting the divorce as both parties want to go ahead with dissolving the marriage. This can make it easier for children, family members, and you and your spouse as well.
Disadvantages Of No-Fault Divorces
While there are several pros to having a no-fault divorce, like anything, there are also several disadvantages that can make you think twice about proceeding under these grounds. For starters, if your spouse files for a no-fault divorce, the order can be approved by the judge without your input. This means that you would have no chance to respond to the filing and the divorce would proceed with or without your acceptance.
In a no-fault divorce, the judge makes the determination on who would get custody of your children as well as how your assets are split between you and your spouse. The judge will also determine if your spouse will receive spousal support, no matter if you think that they shouldn’t. You will have no say in a no-fault divorce, but if you and your spouse are amicable, it should be easy to come to an agreement on these terms.
In addition, losing some of your rights when it comes to a no-fault divorce, there is also a waiting period that is necessary to complete. You may be surprised to find out that your state requires you to wait years before you can file your divorce petition based on a no-fault filing.
While there are advantages and disadvantages to filing for a no-fault divorce based on incompatibility of you and your spouse, it may be the option that works best for you. You will have to wait longer, but the requirements, cost, and mutuality will make it an easier process. Speak to your divorce attorney about whether or not a no-fault divorce is right for your marriage situation.