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It is difficult to separate the legal meaning of No Fault Divorce from the emotional meaning.
If you have been divorced in the past, are thinking about divorce or know someone who has been through a divorce, you know there is always blame. That’s emotional. This is one of the reasons you need a lawyer to guide you and represent your best interests. You need someone on your side who is not emotionally invested who can handle the legal aspects of your divorce.
is defined as a dissolution of marriage where neither party needs to prove a breach of the marital contract. Common reasons for breach of contract are adultery, abandonment, cruel/inhumane treatment (abuse.)
No fault is a statement of incompatibility or irreconcilable differences. In this case, as is becoming most widely accepted, there can be no objection or refusal by the other party.
Due to the nature of no fault, you need to be represented by someone who thoroughly understands how to write divorce contracts. As you know, it is much easier to get married and combine lives and households but separating them can be an absolute nightmare. Here is a great scene from the movie When Harry Met Sally:
When you get married you have the best of intentions, you plan, you dream, you experience ups and downs, together… separately, laughing and arguing, they all go into the same pile. So much of what we do is a couple is combined, as one, united. That is why it is so hard to separate when it ends.
Don Harris is an experienced Divorce and Family Lawyer here in New Mexico. Call or email now!
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