What is a no-fault divorce in the military?

A no-fault divorce in the military is a type of divorce in which neither party is held legally responsible for ending the marriage. In a no-fault divorce, the couple’s decision to end their marriage is not based on any one person’s fault. Typically, there are three types of no-fault divorces that the military allows: mutual consent, separation, and incompatibility of temperament. In the state of Nebraska, the Nebraska Service Members Civil Relief Act requires that all members of the military who are getting a divorce must first file a form known as the Joint Petition for a No-Fault Divorce. This form is used to verify that both parties have agreed to a no-fault divorce and that both parties have agreed to the terms of the divorce, such as division of property, spousal support, and child custody/visitation. Once the form is filed, a judge will make a final decision on the divorce based on the facts provided in the Joint Petition for a No-Fault Divorce. The judge may also take into consideration the amount of time the couple has been married and whether or not either party is serving in the military. No-fault divorce is a process that allows military couples to end their marriage without assigning fault to either party. This type of divorce is often faster and simpler than traditional divorces, and can help parties reach an amicable agreement on important matters such as alimony, child support, and visitation.

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