In some cases, people go to divorce court thinking that they need to convince the judge to side with them. They believe that they’re trying to pitch the idea of a divorce to the court, hoping the ruling goes in their favor. This may be especially true if their spouse doesn’t want a divorce.
However, under no-fault divorce laws, you don’t have to prove anything. You don’t have to show that your spouse was to blame or that they caused you to desire to end the marriage. You don’t have to demonstrate that the court should give you a divorce or that your life would be worse if they didn’t.
So why are you in court?
You do have to go through the legal court process to officially get a divorce. The court can make some rulings about how things will look after the split. They’re not giving you permission to divorce, but they’re taking care of the practical details of the split.
For instance, if you and your spouse have children, then the court can work to determine how custody is going to look. They may decide where the children get to live or who gets to make decisions on their behalf. Another example is if you and your spouse can’t decide how to divide your assets and debts. The court can consider all of the assets that you own and give you an order telling you how they should be split up.
Considering your options
While you don’t have to ask the court for a divorce, you still need to know what legal options you have during this time. Understanding your rights and options can have a dramatic impact on the outcome of your case.