Definition of no Fault Proceedings
No-fault proceedings allow for a civil case to be resolved without finding either the plaintiff or the defendant at error or fault. No-fault cases have become common in divorce proceedings where both parties agree to legally end the marriage through a joint petition which allows the court to resolve issues of property, debt, parental rights, and spousal and child support.
No-fault proceedings allow both parties to agree on all marital issues while avoiding conflict, and costly and lengthy, legal battles. The no-fault procedure is initiated when both parties agree to the issues of their marriage and sign a separation agreement, which is attached to their petition for dissolution of marriage. After the court receives the proper documents a hearing date is scheduled, which both couples must attend, and if the judge approves the court will enter a judgment terminating the marriage.