The majority of divorces in the U.S. are no-fault divorces. No-fault simply means a spouse does not have to list a fault ground. Most states allow the parties to simply state the marriage no longer works. The formal term may be something like “the marriage is irretrievably broken.” In addition, no-fault divorces do not usually require a long period of separation. The divorce may go through as soon as 31 days after filing.
The court system encourages couples to work the terms of the divorce out. In fact, mediation is mandatory in several parts of the country. The goal of mediation is to resolve all issues concerning the marriage dissolution. These issues include division of debt and property. Likewise, the couple must work out a parenting plan if necessary. A no-fault divorce attorney in Allentown, PA will assist with mediation. The parties need to reach an agreement on all the issues, and the attorney puts it in writing. If the parties cannot decide, the court will do it for them. If the court has to decide custody, the judge decides what is in the child’s best interest.
Determining custody is very important. Sole custody is rarely used anymore. Joint legal custody is probably more commonly used. The child lives with one parent, and the other has visitation. However, both parents have a say in decision making. Further, the non-custodial parent pays child support. Increasingly, couples are opting for joint legal and physical custody. The child lives with each parent for a period of time. Indeed, some couples live near each other so the child’s routine is not disrupted. The child can attend the same school and have the same friends. A no-fault divorce attorney in Allentown, PA will make sure any parenting agreement is legal.
Judges normally divide property and debts equally. The exceptions are cases where one party is wealthier than the other. Nonetheless, the parties can agree to whatever is reasonable. The only requirement is that the property agreement is fair. No party should leave the marriage without being able to live on their own. For more information, make an appointment at Conrad Attorneys.
