What Is a No-Fault Divorce?

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A no-fault divorce is when neither party of the marriage has to show wrong doing by the other party in order for the divorce to become final. Find out how assets, liabilities and child care will still have to be discussed in a no-fault divorce with information from a lawyer in this free video on divorce.

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Video Transcript

You and your spouse are contemplating getting divorced and you've heard about this concept of no fault divorce but since you've never been divorced before, you don't know what is meant by that. Hello, I'm Robert Todd and I'm here to answer the question what is a no fault divorce. Well first of all, a no fault divorce means that neither party to the marriage has to show wrongdoing by the other party. It's simply one of the parties must demonstrate to the court that the marriage is irretrievably broken which means that no amount of counseling or assistance from anyone else is going to save the marriage. And in most states, this simply means that you can file when you think the marriage is over. Now what the court is concerned with, no who did what wrong, the court's interested in how the assets and liabilities are going to be distributed, if there are children involved, who's going to take care of the children primarily, what visitations is going to take place, if child support is going to be paid, whether there's going to be support paid from one spouse to the other. And if you and your spouse can agree to these issues, you may strongly consider hire a mediator to handle this no fault divorce for you, reduce your agreements to a marital settlement agreement and then this will lessen the emotion and expense involved in obtaining the divorce. I'm Robert Todd and thank you for watching.

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