If you are going through a divorce, you may want to look into hiring a no-fault divorce attorney. You shouldn't be discouraged from hiring a no-fault divorce attorney due to inaccurate assumptions.
The following are six things you shouldn't assume about hiring a no-fault divorce attorney.
You don't need to hire a no-fault divorce attorney if your divorce is amicable.
No-fault divorces don't mean that the services of a lawyer are not necessary. Filing paperwork for divorce can be complicated. A no-fault divorce attorney can offer valuable services even if the divorce is no-fault and both spouses are in agreement over the divorce.
Hiring a no-fault divorce attorney creates conflict.
Sometimes divorcing spouses don't want to hire an attorney because they're worried that attorneys always create conflict in divorce proceedings. However, no-fault divorce attorneys in particular typically handle paperwork only and never stir up conflict between divorcing spouses.
It costs a lot to hire a no-fault divorce attorney.
You shouldn't make any assumptions about the services of a no-fault divorce attorney before you've done your research. You may find that a no-fault divorce attorney can provide you with the legal services you need for much less than you expected.
A no-fault divorce means that neither spouse will be penalized even for egregious behavior.
A spouse who has exhibited egregious behavior can be penalized in a monetary sense even in a no-fault divorce. For example, a spouse who not only committed adultery but also spent joint marital funds on their affair could end up being financially penalized in even a no-fault divorce.
It's easy to file for divorce independently in a no-fault situation.
No-fault divorces are not necessarily any more simple than divorces based on fault when it comes to the paperwork that needs to be filed to finalize them. If you want your divorce to be simple and straightforward, it's always best to hire an attorney rather than try to handle the paperwork by yourself.
The mother always gets custody of the children in a no-fault divorce.
Custody rulings depend on a wide variety of factors. Some divorcing spouses think that the mother is almost always granted custody. This is an even more common assumption when it comes to no-fault divorce scenarios.
However, the classification of a divorce as "no-fault" has little to no bearing on child custody issues. As with any divorce, custody is decided based on the best interests of the children.