How to Complete a No-Fault Divorce

According to Nolo Press, a “no-fault divorce” is a granted divorce “where the spouse asking for a divorce does not have to prove that the other spouse did something wrong.” A simply stated reason, such as “incompatibility” is reason enough in most states. Other states will only grant a no-fault divorce if a couple lives apart for a specified period of time. In 1953, Oklahoma became the first state to introduce no-fault divorces. In 1970, after California's then-governor Ronald Reagan signed no-fault divorces into law, then other states followed suit.

Instructions

Difficulty: Moderately Easy

How to Do a No-Fault Divorce

1. Determine if a no-fault divorce is right for both of you. Discuss key issues including dividing property and bills, alimony and spousal support, child custody and visitation, property transfers, child support, and personal property and real estate. You cannot file for a no-fault divorce unless both of you agree. Also, a couple cannot file for a no-fault divorce if the wife is pregnant.
2. Buy a copy of Daniel Sitarz’s “Divorce Yourself: The National No-Fault Divorce Kit.” It includes instructions, legal forms, questionnaires, checklists and courtroom guidelines.
3. In 1996, my spouse and I bought “How to Do Your Own Divorce in California” from Nolo.com, a long-time respected provider of legal information for consumers and small businesses. Nolo’s book and service saved us money and acrimony.

Tips & Warnings

• You cannot file for a no-fault divorce unless you know your spouse’s whereabouts.