When a couple decides to dissolve their marriage, they can choose to file either an at-fault or a no-fault divorce. In the event of a no-fault divorce, neither party needs to prove that their ex-spouse did something wrong that brought about the end of their marriage, and there is no element of blame.
Though filing for a no-fault divorce can be a less stressful process than litigating an at-fault one, it could still be made easier with the help of qualified legal counsel. A Chattanooga no-fault divorce lawyer could guide you through the proceedings and help you maintain a civilized relationship with your ex-spouse as you work to create an agreement that serves your best interests.
A couple can file for no-fault divorce by citing one of two circumstances, either irreconcilable differences or stipulation. Irreconcilable differences mean that the two parties are seeking a divorce because they cannot get along anymore and their disagreements are preventing them from maintaining their marriage. When a couple stipulates to divorce, each party has reason to divorce the other party, and neither places the blame on the other.
In no-fault divorces, the two parties are agreeing that dissolving their marriage is the best option for them, which fortunately makes the entire legal process more cost-effective and efficient.
For this type of divorce, a couple will have to prove various pieces of information before they receive court approval. For example, they will have to show that one of the spouses has lived in Hamilton County for at least six months prior to the divorce, though exceptions can be made depending on the couple’s particular circumstances.
The court will ask the party several questions during the proceedings, including whether or not they believe that their agreement fairly and equitably divides their property and if their submitted parenting plan is in the best interest of their child. They will also have to confirm to the court that there are irreconcilable differences between them and that they have no chance of reconciliation. A local lawyer who is experienced in no-fault divorce cases could ensure that a couple has all of the necessary materials and evidence to prove that there are irreconcilable differences and that they are eligible to dissolve their marriage.
If the parties have not settled on an agreement at the time of filing a no-fault divorce, the court will require them to attend mediation. Typically, mediation includes the two parties, their attorneys, and a Rule 31-licensed mediator who may also be an attorney who practices in this area of law. They will all attend mediation together in an effort to resolve the parties’ differences and agree on a contract that satisfies both of them.
Mediation plays a large role in Chattanooga and is often successful in no-fault divorce cases. An attorney in the area could help streamline the process for an individual filing for this kind of divorce.
Though no-fault divorce cases are often less dramatic and painful than at-fault cases, they can still be difficult to go through without an advocate. A Chattanooga divorce lawyer could help you pursue a no-fault divorce and fulfill all of the necessary requirements throughout the legal process. If you want knowledgeable, professional advice as you undergo this formative change in your family’s life, reach out to one of our attorneys today. Call to schedule an initial consultation.