Yuma, AZ – A no fault divorce is a convenient way of separating for most couples. This is because there does not need to be any specific reason for the divorce, and one or both spouses can simply say that the marriage has broken down and that they want to move on. Many firms in Arizona and other states direct their focus on no fault divorces, as a person or couple who meets with a family law attorney will almost always be a candidate for this kind of separation. The attorney can guide the person seeking a no fault divorce through the steps to file the petition to dissolve the marriage and eventually finalize the process.
What is the formal definition of a no fault divorce?
Historically, marriages could only be ended if there was a finding of fault from at least one of the spouses. Some of these grounds included domestic violence, adultery, imprisonment, and desertion. This process was more time consuming and expensive than a no fault divorce, and some couples even found ways to fake affairs and other problems to be able to meet these requirements in a dishonest manner.
No fault means that there is no requirement of a formal finding of any of these problems to complete the process to end the marriage. The court can find that the marriage is irretrievably broken, without any chance of fixing the situation. This is able to be done regardless of any specific problems that the couple may be having or what their particular reasons are for wanting to separate.
Are behaviors within the marriage relevant for other purposes?
A spouse’s behavior can still be relevant to a no fault divorce in Arizona in some other ways. When the couple is in the property division stage of the divorce, things like their spending habits or attempts to hide income and assets can be factors in determining how property will be split or the amount of alimony that is awarded.
If there are children involved, courts will try to award custody to the parent that serves the child’s best interests during a custody hearing. If one parent had a history of financial problems, unemployment, or criminal activity, these kinds of issues may move the judge to award primary custody to the parent with a less problematic background.
Situations where a no fault divorce may not be available
The only exception to these rules is if the couple was in a covenant marriage. In these rare cases, there must be allegations of fault based grounds such as adultery, abandonment, substance abuse, or imprisonment to end a covenant marriage.
Getting more information
Anyone who is thinking about a divorce can get guidance from a local attorney in the Yuma area. Schneider and Onofry is a trusted firm that handles all aspects of family law.
Firm contact info:
207 W. 2nd St., Yuma AZ 85364