No-fault divorce has many advantages over fault divorce. First and foremost, no-fault or uncontested divorce saves money on legal fees. Divorce lawyers in New Ulm, Minnesota charge by the hour and the bill gets costly. In addition, the lawyer must prove the client’s allegations in a fault divorce. Typical fault grounds include adultery, abandonment and cruel treatment.
Fault Divorce May Be Done for a Reason
It may take longer in some states for a no-fault divorce to be granted. Further, the filing party may be trying to gain an advantage in the divorce. For instance, if the divorce is granted on the basis of cruel treatment, a judge may award the prevailing party alimony. Individuals who win a fault divorce may also be awarded a greater portion of marital property.
Unfortunately for some, fault divorce may be on the way out. These divorces are already against the law in many states. Basically, fault divorces take up a lot of court time and judges would rather see spouses work things out.
Advantages of No-Fault Divorce
Divorce lawyers in New Ulm, Minnesota advise clients that there are no real winners in divorce. That’s why it may be better to do a collaborative divorce. This means the parties work together to resolve their marital issues. Indeed, judges routinely order spouses to attend meditation. Both sides sit down with a mediator who is trained to resolve disputes. The lawyers are present to make sure all agreements are legal and fair.
The issues in a divorce include the division of property and debt. Most jurisdictions allow the parties to keep what they owned prior to a marriage. The mediator tries to negotiate a fair deal for the parties. That means dividing things equally unless one party has a major financial advantage over the other.
If there are minor children, custody and child support must be decided. It’s almost unheard of these days for spouses not to share custody. There are various forms of joint custody including joint legal and joint physical. Generally, non-custodial parents pay child support based on income. The lawyers draft the parties’ agreement which will be included with the Final divorce decree. For more information, visit Blatzlawminnesota.com.
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