A no-fault divorce can be granted under either art. 102 or art. 103(1) of the Civil Code. In both cases, the parties must live separate and apart continuously for a requisite period of 180 days (if there are no minor children of the marriage) or 365 days (if there are minor children of the marriage). The difference between the two types of divorces is the timing of the filing of the petition for divorce. In an art. 102 divorce, the petition of divorce is filed and must be served before the requisite period of time begins to run. In an art. 103(1) divorce, the petition for divorce is filed after the parties have lived separate and apart continuously for the requisite period prior to the filing of the petition. The timing of the filing of the petition may affect your community property claim as well as other ancillary matters, so it is important that you discuss your goals with an attorney as soon as possible to determine which no-fault divorce option is best for you.
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