No-Fault Divorce

Question 1

no-fault

Answer 1

• mutual consent no-fault
• unilateral no-fault

Question 2

mutual consent no-fault divorce (MCNFD)

Answer 2

• two spouses in mutual agreement about divorce
• spouses may file for divorce ‘per se’; (represents themselves in court)
• available in all states
• most used in short term marriage, fewer prop or assests, couples w/o kids

Question 3

Mutual Consent No Fault Divorce procedure

Answer 3

1. petition
2. divorce settlement
3. court approval

Question 4

Unilateral No-Fault (UNF)

Answer 4

• only one spouse’s consent required for divorce
  - Grounds:
  irreconcilable differences/incompability (broken beyond repair)
  OR living seperate & apart
  OR insanity (some states)

judge can select grounds when multiple exist

Question 5

Substantive Defenses for UNF

Answer 5

reconciliation: petitioning spouses drops petition
or
couple resumes cohabitation AND sexual relationship

Question 6

UNF Procedure

Answer 6

1. petition
2. notification
3. waiting period
4. divorce settlement
5. court approval