QUESTION

Is this a no fault divorce state?

Asked on Nov 17th, 2014 on Divorce - Nebraska
More details to this question:
Considering a jury trial.
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23 ANSWERS

Adoption Attorney serving Baton Rouge, LA
Partner at Esposito Law Firm
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Louisiana is a no fault divorce state. You cannot request a jury trial for an action for divorce.
Answered on Nov 19th, 2014 at 5:56 PM

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Wills and Estate Planning Attorney serving Sugar Land, TX at Law Offices of Kimberly D. Moss, PLLC
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Yes, Texas is a no-fault divorce state which means you don't have to state specific grounds for wanting your divorce such as adultery, abandonment, cruel treatment, etc. Essentially, you can choose the neutral ground of "insupportability" which means you and your spouse are no longer able to get along and do not want to be married anymore because of that conflict. For specific advice about your divorce, please consult a local attorney.
Answered on Nov 19th, 2014 at 3:06 PM

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There is still fault in Maryland and you never have a jury trial in a divorce or custody matter.
Answered on Nov 19th, 2014 at 3:03 PM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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This is a no fault state and a jury trial is not an option for a divorce action.
Answered on Nov 19th, 2014 at 10:08 AM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Florida is a no fault state, all it takes is one party stating the marriage is over and the divorce will be granted. A jury trial is not possible.
Answered on Nov 19th, 2014 at 10:04 AM

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Immigration Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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Yes, Nevada is a no-fault divorce state, a claim of irreconcilable differences is sufficient to obtain a divorce. You are not entitled to a jury in a divorce case, although if you have tort claims against your spouse, you can argue that you are entitled to a jury, although the Family Division will most likely deny your request and send you to a different court to pursue the tort claims.
Answered on Nov 19th, 2014 at 1:28 AM

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Bruce Provda
New York is a no fault divorce state.
Answered on Nov 18th, 2014 at 7:31 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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California is a no fault divorce state; there is no right to a jury trial in divorce court.
Answered on Nov 18th, 2014 at 7:30 PM

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Family Law Attorney serving Overland Park, KS
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At the present, Kansas is both a "no-fault" and "fault" grounds State. In a "no-fault" divorce, the ground is simply that one spouse is incompatible with the other spouse, which means that the parties do not get along. In Kansas, current law provides that a divorcing spouse does not need to provide any facts that has led up to a breakup. This permits married couples to divorce without being forced to air their dirty laundry. In Kansas, the "fault" grounds only include: (1) failure to perform a material marital duty or obligation, and (2) incompatibility by reason of mental illness or mental incapacity of one or both spouses. The grounds for divorce in Kansas can be found in K.S.A. 23-2701. "Jury trials" in Kansas for actions strictly involving a divorce do not exist. If a divorce trial is required, it is a "bench" trial (i.e., heard before a district court judge).
Answered on Nov 18th, 2014 at 7:29 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Yes, this is a no fault state. Divorces are never jury trials.
Answered on Nov 18th, 2014 at 6:00 PM

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Personal Injury Attorney serving Marksville, LA at The Bryan Law Firm L.L.C.
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In Louisiana, fault isn't typically an issue in a divorce. Adultery or conviction of a crime punishable by hard labor can be grounds for an immediate divorce, and fault is relevant for purposes of an award of permanent spousal support. Otherwise, the only issue in a divorce is whether the parties have lived separate and apart for the required length of time to be awarded a divorce. As far as your comment that you're considering a jury trial, there's no entitlement to a jury on matters involving divorce, custody, etc. All such matters are heard by a judge.
Answered on Nov 18th, 2014 at 4:53 PM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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Yes, Utah is a no-fault divorce state, and Utah does not allow jury trials for divorce cases. They are tried to the judge only.
Answered on Nov 18th, 2014 at 4:26 PM

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Michigan is a no fault divorce state. However, there is no jury trial right in a divorce proceeding. Consult with an attorney to discuss your questions and concerns further.
Answered on Nov 18th, 2014 at 4:15 PM

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Louisiana is a "no fault" divorce state. You have to live separately for 6 months (no children under 18) or 1 year ( with children) before the divorce will be final. There is no provision for jury trials in family matters under Louisiana law.
Answered on Nov 18th, 2014 at 4:14 PM

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Michigan is a no-fault divorce state.
Answered on Nov 18th, 2014 at 3:41 PM

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Bankruptcy Attorney serving Madison, WI
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Wisconsin is a 'no-fault' divorce state. The ground for a divorce is that the marriage is irretrievably broken, which simply means 'I want a divorce.' There are no jury trials in divorce cases. Good Luck.
Answered on Nov 18th, 2014 at 3:41 PM

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If you mean can a spouse STOP a divorce from taking place, the answer is no. Can a spouse slow down the process? That is always possible depending upon the discovery that is done. Good luck.
Answered on Nov 18th, 2014 at 3:40 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Michigan is a no fault state, and consider an attorney. Divorce is equitable and there is not right to jury.
Answered on Nov 18th, 2014 at 3:40 PM

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Divorce & Separation Attorney serving Menasha, WI
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Wisconsin is a no fault divorce state which uses community property rules. There is no option of having a jury on a divorce. All trials are to the assigned judge.
Answered on Nov 18th, 2014 at 3:38 PM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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California is a no fault divorce state and you are not entitled to a Jury Trial in family court. All trials are by the Judge/Commissioner.
Answered on Nov 18th, 2014 at 3:38 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Yes Michigan is a no fault divorce state.Do not bother with a jury trial.. its not necessary since most (98%+) MI divorces are settled at mediation or sent to arbitration not trail.
Answered on Nov 18th, 2014 at 3:37 PM

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Child Custody Attorney serving Raleigh, NC at Palmé Law Firm, P.A.
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1. Yes, North Carolina is a no-fault divorce state. This means you do not have to site any specific grounds in order to be eligible for a divorce. You only need 1 year of separation. 2. A trial on absolute divorce cannot have a jury trial. Jury trials are only available for certain issues in family law, and divorce is not one of those issues. Possibly for a hearing to determine date of separation, but not for the divorce itself.
Answered on Nov 18th, 2014 at 3:37 PM

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Family Law Attorney serving Lincoln, NE
Partner at GordenLaw, LLC
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There is no such thing as a jury trial for divorce in any state that I am aware of - these cases are heard by judges. A "no fault" divorce means that the parties do not have to prove fault to get out of their marital relationship - it is enough to say "irreconcilable differences" or in Nebraska, "the marriage is irretrievably broken."
Answered on Nov 18th, 2014 at 3:37 PM

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