As defined by Forsyth County law, a no-fault divorce occurs when a marriage is irretrievably broken, there is no hope for reconciliation, and the parties wish to be totally divorced. A no-fault grounds for dissolution was implemented into state law because divorce is not a federal issue. The no-fault ground was introduced because there were parties who wanted to divorce and no longer be married, so the law had to adapt to those needs. This allows people to divorce without citing any specific fault grounds.
If you are interested in this amicable option for dissolving your marriage, consider retaining a steadfast Forsyth County no-fault divorce lawyer. By enlisting the services of a diligent divorce attorney, you could end litigation as quickly and cost-effectively as possible.
A no-fault divorce is easier to prove in court than having to litigate a fault ground. For this reason, most people plead the no-fault ground even though they may have marital issues such as adultery or intoxication. As long as one party is consistent in saying the marriage is done and there is no hope, the court would typically grant it.
Additionally, the courts are required by state law to grant a divorce as no-fault as long as one party pleads for the no-fault ground. Even if they cite other grounds, and even if the opposing party contests any of the grounds, they are guaranteed to get a no-fault divorce. It is important to consult a Forsyth County no-fault dissolution attorney who could help file the proper paperwork to cite the correct grounds.
No-fault divorce changed the landscape of related matters such as property distribution and child custody. By removing the fault and making it less contentious, amicable conduct between parties may impact a court’s decisions on the division of their marital property. Furthermore, if there are certain allegations against one parent in a custody battle, that would weigh into the court’s decision on child custody. These issues could still play a part in a no-fault divorce, so it is best to seek guidance from a skilled lawyer in Forsyth County who could help mitigate such emotional matters.
The role of mediation, arbitration, and litigation in the context of no-fault divorce is similar to a contested dissolution. These court proceedings serve the same purpose regardless of fault or no-fault. Litigation initiates when the parties cannot come to an agreement and require court involvement. It also may include mediation, arbitration, or both on a case-by-case basis. Mediation is an attempt to resolve a case prior to extensive litigation, in good faith. Arbitration is the opportunity to have a private judge hear the contested issues for a variety of reasons.
If you are seeking to end your marriage in an efficient and cost-effective way, let a Forsyth County no-fault divorce lawyer help you file and prepare. Qualified legal counsel could help you compile all the necessary documents, submit important paperwork to the courts, follow up with court dates, meet legal deadlines, and advocate for your needs on your behalf. Call our firm today to learn more about this legal process.