A marriage dissolution which is based on a 12-month separation or mutual consent would be considered a no-fault divorce. Mutual consent is when two parties desire to have a divorce, agree to all the terms and conditions to end their marriage and enter into a written agreement that covers property allocation, alimony, child support, and retirement rights.
A 12-month separation means that neither party can file until they have been separated from bed and board for one full year. Regardless of whether you are filing based on mutual consent or a 12-month separation, a seasoned Montgomery County no-fault divorce lawyer could help you every step of the way. The advice and guidance of a qualified divorce attorney could be invaluable during the legal process.
Benefits of a No-Fault Divorce
No-fault divorce gives the parties the ability to dissolve their marriage without claiming fault on each other, and it lends to a more-amicable split and an easier resolution of a couple’s marital issues. For example, taking a 12-month separation can alleviate a lot of the nastiness that goes on when parties try to blame each other otherwise.
Alternatively, both parties must be active in filing on mutual consent. There are more constraints on this type of divorce because the two parties must work together toward drafting a written agreement that adequately addresses all of their marital issues. In order to issue a final divorce decree, a judge would need to see terms in a couple’s mutual consent agreement about the division of their marital assets, spousal maintenance, child support, and other important factors.
Ultimately, the goal of the courts is to allow the parties to settle their personal matters without having to have a judge adjudicate them. In other words, the local courts prefer an amicable dissolution over a contested one. Litigating a Montgomery County no-fault divorce can be made even easier with the help of a skilled attorney from our firm.
Mediation, Arbitration, and Litigation
No-fault divorce just means that someone is filing either through a 12-month separation or mutual consent, so there is no role for mediation, arbitration, or litigation since matters are settled before filing. However, mediation, arbitration, and litigation could play a role in a no-fault divorce, if a couple’s marital property, support, or custody issues have not been resolved after a 12-month separation.
Litigation refers to the court process that is involved with dissolving a marriage and may require both spouses to participate in mediation. The parties would be required to go to court for a settlement conference to try to resolve their matters. Fortunately, a dedicated no-fault divorce lawyer in Montgomery County could help prepare a person for court proceedings and ensure that their needs are represented.
Contact a Montgomery County No-Fault Divorce Attorney
These aspects make it very important for litigants to hire experienced legal counsel, so they can navigate the court process and achieve the ultimate goal of an amicable resolution to their marital difficulties.
One of the greatest benefits of a no-fault dissolution is that it allows people to get divorced for any reason they wish. They do not have to allege reasons as long as they have been separated for 12 months. You should get in touch with a diligent Montgomery County no-fault divorce lawyer today for help with understanding this process.