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Do-It-Yourself No-Fault Divorce Kit.

Do-It-Yourself No-Fault Divorce Kit.
Catalog Number: 0906
List Price: $9.99
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DO-IT-YOURSELF DIVORCE KIT

INFOAMERICA® LEGAL AND BUSINESS KIT SERIES. Valid in all 50 States!  All Forms and Software Included.  TOLL-FREE HELP LINE Included! No Attorney Needed.  Up-to-Date and THE ONLY GUARANTEED DIVORCE KIT AVAILABLE!  Easy to Understand with Step-by-Step Instructions.

Divorce can be a troubling time. But if you and your spouse have come to the difficult conclusion that divorce is the only answer, this kit will SAVE YOU time, heartache and hundreds of dollars in legal fees.


What Does This Kit Contain?

No-fault divorce is just as it sounds - neither party is at fault. Some states call a no-fault divorce a "dissolution." It simply states that there are "irreconcilable differences" between the two and they wish to terminate the marriage.

This kit includes all the legal "fill-in-the-blank" forms you'll need to file with the court in your area. It provides easy to understand step-by-step instructions, and is valid in all 50 states and Washington, D.C.


The Following Details Will be Covered:

  • personal property and real estate
  • child custody, support and visitation
  • alimony
  • debts and other obligations
  • change to former name for the wife
  • income taxes
  • and other important issues
Both parties must agree entirely on the above listed details or this kit will not work for you. Legal advice is recommended if you cannot agree on all aspects of ending the marriage. If you and your spouse can agree entirely on the following few items, you are a candidate for this kit:
  1. You must meet residency requirements for your state. In most states, that is 6 to 12 months. The residency requirements for all states and Washington, D.C. are listed in this kit;
  2. Both of you must agree on all aspects of ending your marriage;
  3. The wife must not be pregnant;
  4. You must know the whereabouts of your spouse. He/she will need to sign the documents later. He/she will not need to appear in court, however, the person filing will;
  5. You must be aware that there will be court fees you'll pay directly to the court when you file. The fees vary in each state but will probably range from approximately $50 to $400 depending on where you live. You can find out by contacting your county clerk's office.
If you can agree on these items, it's possible to save yourself hundreds perhaps thousands) of dollars in legal fees. If you cannot agree, we suggest you seek legal advice.

Divorce is usually a troubling time. But if you and your spouse have agreed to all matters in regards to ending your marriage, this kit will definitely save time, heartache and hundreds of dollars. Covers all situations, even real estate and children. In addition to the cost of the kit, you will need to pay court fees. These vary from state to state, even county to county. You pay these fees directly to the court. You can contact your county clerks office for actual fees. This kit is 100% guaranteed to work or your money back! Remember, also now includes an optional software disk - simply prepare the forms through any word processor and print. Very easy to use!


How Current Is This Publication?

Many states change their divorce laws and requirements several times a year. That's why we update this kit on a monthly basis if needed. Other publishers update theirs once every 1 to 3 years. We are also the only publisher to offer you a money-back guarantee that our kit will truly work for you. We feel our kit is the best available - it's the easiest, most up-to-date and guaranteed. What more could you ask for?


100% GUARANTEE!

Filled out properly, if the Court in your area will not accept the forms in this kit, we will refund to you the purchase price AND up to halp of any court fees you've incurred up to that time. Futher details in the Kit. The ONLY GUARANTEED DIVORCE KIT available


System Requirements.

A computer is not necessary to use this kit. However, if you will be using the OPTIONAL 3.5" software disk in this kit (always included in this kit), your computer must be an IBM PC or compatible, MS-DOS or any version of Windows, and any word processing program (such as Microsoft Works, Word Perfect, or other brands.)

 

Copyright © Nolo Press

1. What is a "no fault" divorce?

"No fault" divorce describes any divorce where the spouse suing for divorce does not have to prove that the other spouse did something wrong. All states allow divorces regardless of who is at "fault."

To get a no fault divorce, one spouse must simply state a reason recognized by the state. In most states, it's enough to declare that the couple cannot get along (this goes by such names as "incompatibility," "irreconcilable differences" or "irremediable breakdown of the marriage"). In nearly a dozen states, however, the couple must live apart for a period of months or even years in order to obtain a no fault divorce.

2. Is a no fault divorce the only option even when there has been substantial wrongdoing?

In 15 states, yes. The other states allow a spouse to select either a no fault divorce or a fault divorce. Why choose a fault divorce? Some people don't want to wait out the period of separation required by their state's law for a no fault divorce. And in some states, a spouse who proves the other's fault may receive a greater share of the marital property or more alimony.

The traditional fault grounds are:

  • cruelty (inflicting unnecessary emotional or physical pain)--this is the most frequently used ground
  • adultery
  • desertion for a specified length of time
  • confinement in prison for a set number of years, and
  • physical inability to engage in sexual intercourse, if it was not disclosed before marriage.

3. What happens in a fault divorce if both spouses are at fault?

Under a doctrine called "comparative rectitude," a court will grant the spouse least at fault a divorce when both parties have shown grounds for divorce. Years ago, when both parties were at fault, neither was entitled to a divorce. The absurdity of this result gave rise to the concept of comparative rectitude.

4. Can a spouse successfully prevent a court from granting a divorce?

One spouse cannot stop a no fault divorce. Objecting to the other spouse's request for divorce is itself an irreconcilable difference that would justify the divorce.

A spouse can prevent a fault divorce, however, by convincing the court that he or she is not at fault. In addition, several other defenses to a divorce may be possible:

  • Collusion. If the only no fault divorce available in a state requires that the couple separate for a long time and the couple doesn't want to wait, they might pretend that one of them was at fault in order to manufacture a ground for divorce. This is collusion because they are cooperating in order to mislead the judge. If, before the divorce, one spouse no longer wants a divorce, he could raise the collusion as a defense.

  • Condonation. Condonation is someone's approval of another's activities. For example, a wife who does not object to her husband's adultery may be said to condone it. If the wife sues her husband for divorce, claiming he has committed adultery, the husband may argue as a defense that she condoned his behavior.

  • Connivance. Connivance is the setting up of a situation so that the other person commits a wrongdoing. For example, a wife who invites her husband's lover to the house and then leaves for the weekend may be said to have connived his adultery. If the wife sues her husband for divorce, claiming he has committed adultery, the husband may argue as a defense that she connived--that is, set up--his actions.

  • Provocation. Provocation is the inciting of another to do a certain act. If a spouse suing for divorce claims that the other spouse abandoned her, her spouse might defend the suit on the ground that she provoked the abandonment.

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