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| No-Fault Divorce - FAQ’s What is no-fault divorce? It is the termination of a marriage by the court without regard to which party was at fault for the break-up of the marriage. What are the grounds for divorce under the no-fault divorce law? There is only one, “that here has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed, and there remains no reasonable likelihood that the marriage can be preserved.” Does a person have a right to contest the granting of no-fault divorce filed against him or her? Yes, but the possibility of successfully preventing a divorce is not probable. If my spouse files for divorce against me, and since I probably cannot prevent him or her from getting a divorce, do I need a lawyer? In most cases, there is more to divorce than merely getting divorced. Additional considerations determined in these legal proceedings include property rights, custody and support with regard to the children and alimony for either spouse. Do I need an attorney if there are no children or property involved? An attorney will be beneficial in handling such questions as who is legally repsonsible for debts, or does either spouse qualify for alimony. All cases are different and provision of a judgement of divorce should be tailored for each individual. Which party is generally awarded custody of the minor children when the divorce is granted, and how is support for the minor children determined? Custody is determined by what is in the best interests of the children. This may change as the children get older. Custody can be changed or modified even after the divorce judgement is entered. The amount of support will be determined by the court if the parties cannot agree on an amount. The court’s determination is based on the needs of the children, the recommendation of the Friend of the Court, and the ability of both parents to pay. Is alimony still awarded and who qualifies for it? Alimony may be awarded in certain cases. Such cases usually involve a long marriage, and when the wife or husband is unable to fully support herself or himself. What factors will the court consider when it comes to the division of property? The court will consider: - length of marriage - the value of property brought into the marriage - the property accumulated during the marriage - whether any of the property came into the marriage by inheritance - the value of all the property of the parties - the health of the husband and wife - which one will receive custody of the children - the ability of each party to be self-supporting - fault, and - what is otherwise just and fair. Can a wife in a divorce case obtain a court order which forces the husband to leave the residence where they are living? Only in a case where there is a very good likelihood that by staying in the house the husband may cause severe harm to the wife or to the children, or where the husband has violated the provisions of a court ordered injunction to protect the wife or children. The preceding is provided for informational purposes only. While every effort has been made to ensure accuracy, it cannot be relied upon as legal advice. Applicability of the legal principles discussed may differ substantially in individual situations. Therefore, you should consult with Seward, Tally & Piggott, P.C. |
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