Q: I am looking into a divorce no fault. I would like to know what my options. We have no items to separate.
If you have no property to divide and neither party desires alimony pendente lite, you can get a divorce with simple paperwork.
Frankly, in most counties, the court has a self help section where you can print out forms and follow the directions to finish the divorce.
However, if you don’t wish to be bothered with the paperwork, you can hire an attorney to file the paperwork and get you divorced. These type of divorces are inexpensive and can be resolved rather quickly, especially where both parties consent to a divorce.
Where the other party does not consent to a divorce, you will most likely have to wait until you have been separated for at least 1 year before you can get a divorce.
For more information on divorce, you can go to our website: https://www.roygallowaylaw.com.
A: You can get a no fault divorce under Sections 3301(c) or (d) of the divorce code. For a 3301(d) divorce, you need to have been separated for at least a year at the time you ask the court to file the record. For a (c) you do not have to be separated before you file, but you need to wait for 90 days from the time the complaint is filed until you ask the court to transmit the record. Both parties need to sign a consent to the divorce for a (c). Only the filing party needs to sign for a (d). You have to follow specific procedures for both of the no-fault divorces. For a (d) the non-moving party may object to the divorce by claiming you have not been separated for a year, or that the marriage is not irretrievably broken. That party can also make economic claims, even if you think there are not any claims to make. If one party makes more money than the other, that party can ask for alimony after the divorce is final, and can even ask for alimony pendente lite while the divorce is pending. Even for a simple no fault divorce, you should get the help of an experienced family law attorney who will do it correctly.
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