Even in the best of circumstances, a divorce can be messy and complicated. In the legal sense, a marriage is seen by the court to be just as much a business relationship as a personal one, which means that the parties who are married are legally bound to each other in some surprising ways. When two spouses decide to amicably go their separate ways, they may desire to file for a no-fault divorce and dissolve the marriage quietly without involving the court. This may be a good option for some, but it does not do away with the need to consult with an attorney.
The simple truth of the matter is that almost all divorces are more complicated than they may at first appear. Even in cases where the couple has gone to the trouble of creating a prenuptial agreement, it is wise to consult with an attorney to ensure that the agreement has been written in a way that will hold up in court.
Many couples who believe that they can peacefully file for a no-fault divorce run into problems later on because they simply do not understand all the legal issues raised by a divorce. Whether it is equitably deciding how a home will be dealt with, or ensuring that one party’s debt does not negatively affect the other, to determining which party will keep the cat, or if there will be pet visitation privileges (yes, this happens) — there are far more issues raised in a divorce than most people without legal training anticipate.
If you are considering a no-fault divorce, this is admirable. It is still advisable that you enlist the guidance of an experienced attorney who can meet with both of you and help you make sure that you understand all the issues that you must agree upon, and how they will affect you. With proper legal guidance, you can have the peaceful, effective divorce you are hoping for, without fear of later complications.
