When you get a divorce, you can choose to cite either fault-based or no-fault grounds. A no-fault divorce has the potential to be faster, less expensive, and less contentious than one that cites fault-based grounds.
Talk to a New Canaan no-fault divorce lawyer when considering the breakdown of your marriage. An experienced divorce attorney can explain your options and help you decide how you should proceed.
Two no-fault grounds for divorce are listed in Connecticut General Statutes § 46b-40. One is the claim that the marriage is irretrievably broken. Only one spouse needs to believe the marriage cannot be saved for this ground to be sufficient to support a petition for divorce. The other no-fault ground is separation for at least 18 continuous months prior to filing due to incompatibility and no chance of reconciliation.
When citing no-fault grounds, the court will require the spouses to affirm that their marriage is irretrievably broken or that they have been separated for at least 18 months. A sworn affidavit from the spouses is usually sufficient to prove that no-fault grounds exist.
Sometimes, a person cites no-fault grounds even when their spouse has committed marital misconduct, and they could cite fault-based. These individuals should consult a New Canaan divorce lawyer to determine whether they can best meet their goals by citing fault or no-fault grounds.
A divorce could potentially take months or even years to settle. Most couples prefer to conclude the legal process as quickly as possible. Two accelerated divorce procedures are available in Connecticut, and both require the couple to cite no-fault grounds.
A non-adversarial divorce is a process only open to couples with no minor children, no real estate, minimal other property, and who have been married for fewer than nine years. Couples who meet these and other conditions can apply jointly for a non-adversarial divorce and could have their final decree within a few weeks.
Most couples will not qualify for a non-adversarial divorce but can obtain an uncontested divorce. They must reach a settlement agreement on all relevant issues before one spouse files for divorce, and the filing spouse must cite a no-fault ground.
The filing spouse files the written settlement with the petition for divorce, and the court reviews the agreements. The judge may hold a hearing to ensure the couple understands the implications of the settlement, but a New Canaan lawyer can request that the court waive the hearing.
Negotiations may require time, but an uncontested divorce can be completed more quickly than a contested divorce. A skilled family law attorney can explain the uncontested divorce process more thoroughly during a consultation.
A no-fault divorce is possible even when couples have significant conflict about property division or co-parenting arrangements. Seeking a no-fault divorce in these circumstances allows the couple to focus on the issues that divide them rather than alleged misconduct in the marriage.
Productive communication is more likely when the divorce does not involve attempts to prove misconduct. Maintaining a civil relationship is especially important when the couple shares children and must have a continuing, cooperative co-parenting relationship.
A New Canaan lawyer will advocate for achieving a spouse’s goals regardless of the grounds cited in the no-fault divorce petition. In some cases, a spouse benefits from citing no-fault grounds even when there is proof the other spouse committed misconduct.
Most spouses are interested in resolving their disputes and moving on with their lives as quickly as possible. In some cases, citing fault-based grounds for divorce makes sense. However, divorces can be more straightforward when the couple cites no-fault grounds.
Speak with a New Canaan no-fault divorce lawyer before you file to learn the advantages and disadvantages of citing no-fault grounds. Call now to get started.
N/a
