About Jewel Caraway

Divorce laws can often be complicated and confusing. You'll often hear celebrity or high-profile couples file for divorce due to "irreconcilable differences," but what does this statement mean? In the past, most states required couples to find one party at fault for the divorce. However, modern laws now allow for no-fault divorces, with irreconcilable differences being the most common cause for such a split.

If you or your spouse want to file for a no-fault divorce, you might wonder how this will affect the division of your property. For couples with many assets, property division is often one of the most contentious aspects of a divorce after child custody. Understanding how the court views your property is crucial to understanding its likely division during a divorce.

Splitting Property When There's No One to Blame

Traditional (or "for fault") divorce laws required one party to assign blame for the dissolution of the marriage. States often considered numerous potential causes, including adultery. However, all states now recognize no-fault divorces, which are generally the most common and accepted legal method of pursuing a divorce.

Since there's no one to blame in a no-fault divorce, courts will rarely consider wrongdoing on the part of either spouse when dividing property. Instead, the court will focus on other factors, such as the length of the marriage, current and future financial circumstances for both parties, and the needs of one or both spouses to continue to provide child support.

As you might expect, these factors can be complex and sometimes contentious. You and your spouse may disagree on the most equitable division of property. There are even cases when disagreements may arise regarding whether an asset qualifies as marital or separate property. These issues can result in drawn-out negotiations or, in extreme cases, the need for the court to involve itself directly.

The Role of Attorneys in the No-Fault Process

With older divorce proceedings, attorneys often played similar roles to lawyers in criminal or civil cases. These lawyers would need to prove or defend against allegations of wrongdoing. With no-fault cases, the attorney's role has shifted to assisting clients in other aspects of the divorce, such as child custody and property division.

An attorney will help represent you throughout your divorce and ensure you receive a fair outcome. While you may not need an attorney if you're divorcing your spouse on entirely equitable grounds, it's important to consider whether there may be contentious property such as a house, investments, or even shared retirement accounts.

Unless your spouse is willing to put an acceptable agreement in writing, a lawyer will help you navigate this process and defend your interests. Remember that hiring an attorney isn't an act of aggression, and it doesn't mean you and your spouse cannot divorce on amicable terms. Instead, an attorney will help ensure your divorce proceeds smoothly and fairly, with an equitable property distribution. 

For more info, contact a local no-fault divorce attorney.