No Fault Proceedings
Two Types of No Fault Proceedings
. Quickest and easiest divorce.
. Both spouses must agree that their marriage has irretrievably broken down and they must have agreed upon all attendant issues. (Children, division of property, alimony, payment of marital debts, etc.)
. Procedure: both file a joint petition for divorce, in which they spell out how all of the issues are to be resolved. A hearing will then be held in court where the judge will review the agreement, if the terms are fair, the divorce will granted and the marriage will be dissolved.
. More common type of divorce
. In this situation, both parties can’t agree on the terms, so one spouse files a complaint for divorce with the family court.
. Court carries out the terms of the divorce.
. Procedure: Plaintiff files against defendant. Will ultimately result in a divorce, but will take much longer, be much more expensive, and much more difficult since parties are unlikely to agree on anything.