A no-fault divorce is typically based on the premise of the parties living separately for the required period of time before filing for divorce. Most often that separation period must be one year long. The existence of no-fault divorce allows parties to set aside their personal differences and focus on the important issues that will impact their lives moving forward, such as their children, division of assets, retirement, and home equity.
If a person is able to file for divorce based on no-fault, the focus does not go to what created the dissolution of the marriage and what each party might have done wrong. This shift in focus can help foster more cooperation between the parties. It allows the parties to objectively look at what issues need to be resolved rather than going back to the underlying problems that existed in the marriage, which is one of the main reasons people utilize the no-fault divorce process. Compassionate divorce attorneys can work hard to help their clients quickly resolve their cases while they focus on their lives moving forward. Reach out to our Fairfax no-fault divorce lawyer for help.
Benefits of No-Fault Divorce
In a fault-based divorce, the marital fault must be proven, particularly when it comes to adultery. The filing party, or the person who has been wronged, can sometimes get obsessed or go down a bit of a rabbit hole in terms of trying to collect information supporting his or her fault-based grounds. This can involve taking measures that require time and money, like hiring private investigators.
If the person is able to focus on the divorce, not on the fault, it can save a lot of emotional turmoil for the party that says that they have been wronged because they do not have to focus on proving their grounds. Even though it is in the same vein, it is another benefit. The divorce process involved with a no-fault divorce in Fairfax is usually most effective when the parties can look forward in hopes of a brighter future instead of dwelling on issues of the past.
Argument Against No-Fault Divorce
If a person was morally wronged by their spouse, or their spouse did not live up to the promises made at the time of the marriage, they may see fault in their divorce case as an opportunity to get justice for their spouse’s transgressions. People who have that experience would probably say that the process of no fault divorce robs them of the chance to have an outlet through the divorce process to communicate their dissatisfaction and settle the issues that arose in the marriage.
Effect on Property Division and Custody
The way the law exists right now does not allow for an enormous impact from any fault basis on property division and custody. Even if a person is able to prove that their spouse cheated on them, was physically abusive to them, or deserted them, it does not mean that they are automatically going to walk away with the vast majority of the assets. The court is required to consider many factors in dividing property, including the contributions by the spouses. The court cannot punish somebody by not giving them assets for doing wrong in the marriage.
Similarly, fault-based divorces do not come into play when determining child custody, unless the fault basis impacted the child or the relationship with the child. Commonly, someone who may have an adultery basis to file for divorce may believe because their husband or wife cheated, they are immoral and will not be able to have any kind of custodial time with the children. This is not accurate because the court looks at the disputes between the parents as the parents’ disputes only.
This adultery-based claim would only come into play if, for example, the cheating spouse was immersing the children in the life with the paramour or something to a similar effect. Without this direct impact on the children being established, marital faults will not be considered when making custody determinations. Because of the limited impact fault-based claims typically have on property division and custody, no-fault divorce in Fairfax may be an option that achieves a more optimal outcome from the divorce process.
Role of Mediation, Arbitration, and Litigation
Mediation, arbitration, and litigation have the same contact and impact as they would with a fault-based divorce. While a no-fault divorce indicates that the parties are not citing something that the other side did wrong as their basis for the divorce, it does not mean that both parties will agree on all the terms of the divorce. Parties in a no-fault divorce can still use a mediator to help them settle the issues of the case. They can still submit their case or any of the contested issues to an arbitrator who would make a binding decision. Arbitration in these situations is similar to trial but in a less formal setting. They could submit any contested issues to a judge in a courtroom, and in that case, the judge would make a binding decision. The role in this context is not any different than it would be in a fault-based divorce.
Reach out to a Fairfax no-fault divorce lawyer to understand your options for filing.
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