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Do you still have to explain your reason for wanting a divorce?

Couples who get divorced generally have a list of reasons behind their decision, of course — and it used to be the rule that you had to present one or more of those reasons as “grounds” for your divorce to the court. Commonly accepted grounds for divorce included things like infidelity and abuse. 

But does any of that still matter? Are your personal reasons for wanting a divorce something that only really matters to you as a couple?

No-fault divorce has changed the legal process

Today, with no-fault divorce, your reasons for ending your marriage generally do not matter.

The old laws made it impossible for couples who simply felt unhappy with their relationship to get a divorce. Instead, one party had to be “at fault” for a divorce to granted. Today, you can simply say that you have your differences and you want to end the marriage and assert that the breakdown in your relationship cannot be overcome. If you and your spouse agree on that, your divorce can be granted.

There are some ways that specific reasons may impact the process, though. For instance, say that you are asking for a divorce and accusing your spouse of abuse. If you have children together, your allegations of abuse may factor into the child custody decisions since the court wants the children to have a safe, stable home.

Understanding how the divorce process works

If you are looking to get divorced this year, it’s important to know how the modern divorce process works and what options you have. The more you know about the process and your rights, the easier it will be to navigate the future. Working with an experienced attorney can help.