No Fault Divorce: What It Is And Its Pros And Cons

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A no-fault divorce is when the relationship begins to fall apart without any external factor affecting it as such. Going through a divorce can be a lot more difficult than it may look, and while there may be myriad reasons behind the decision, the most common reason is lack of compatibility. And when there is incompatibility, but the couple still wishes well for each other, they decide to split and file for a divorce in the no-fault category. This post will tell you about what this type of divorce refers to and how couples in the US can file for it. Read on to learn more.

What Is No-fault Divorce?

A no-fault divorce is a type of divorce where there is no need to prove the wrongdoing or fault of the spouse as a justification to seek divorce. It means, the couple can file for divorce and disunite without having to prove in the court that their spouse indulged in marital violations, such as adultery or domestic violence.

The state of California was the first US state to approve no-fault divorce, in the year 1969. Since then, several states have adopted it; now, all the states in the US permit the filing of no-fault divorce.

Quick fact

Currently, 17 US states are considered to be “true” no-fault divorce states, meaning that no-fault is the sole option for divorce in these states.

Fault Divorce vs. No-fault Divorce

Here we explain how a no-fault divorce is different from a fault divorce.

Fault divorce

• A fault divorce is considered when the plaintiff alleges the spouse of wrongdoing or a fault that has detrimental effects on the marriage.
• The common faults stated are adultery, abandonment, marital/domestic violence, substance abuse, and conviction of the spouse in a felony.
• The fault divorce was the only form of dissolution of marriage before the widespread adoption of the no-fault divorce law. Its main attribute is that a plaintiff needs to prove all the allegations stated against their spouse to revoke the marriage.
• Justifying the faults and its subsequent ratification by the court would allow for the annulment of marriage.

No-fault divorce

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• There is no need to show faults against the spouse and prove it in the court to terminate the marriage.
• It is helpful for married couples who want to discontinue their marriage mostly on the grounds of incompatibility and irreconcilable differences.
• It may make the legal process of disunion or divorcement simpler, quicker, and also economical for both parties when compared to fighting a legal battle in a fault divorce.

Do remember

Some of the common grounds for filing a no-fault divorce are irrecoverable breakdown, irreconcilable disagreements, or incompatibility (1).

Uncontested No-Fault Divorce vs. Contested No-Fault Divorce

Uncontested No-Fault Divorce and Contested No-Fault Divorce are two different approaches to ending a marriage.

Uncontested no-fault divorce

• In an uncontested no-fault divorce, the couple ends the marriage based on no-fault grounds and agrees on a divorce settlement without the court’s involvement.
• Both spouses agree on essential matters such as dividing of assets and debts, child custody, visitation, and support.
• Since there is no dispute, the legal process tends to be quicker, less adversarial, and more cost-effective than contested divorces.

Contested no-fault divorce

• In a contested no-fault divorce, there is disagreement on the divorce settlement.
• Spouses may have conflicting views on asset division, alimony, child custody, and support. These disagreements often require legal intervention and court proceedings.
• The resolution of disputes may take longer, leading to increased costs and emotional turmoil.

Does Your Spouse Have To Agree For A No-fault Divorce?

There is no need for your spouse to agree for a no-fault divorce. You can file for a no-fault divorce to sever the marriage even if your spouse repudiates. However, a few states in the US allow the non-agreeing spouse to challenge the no-fault divorce. The defendant can hire an attorney and fight the case in court on the grounds that there are no irreconcilable differences in the marriage.

The rules, laws, and provisions to challenge a no-fault divorce vary from one state to another. Therefore, consult a lawyer to understand the various nuances of no-fault divorce in your state.

How To File A No-fault Divorce?

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The following are the main steps usually involved in the process of filing a no-fault divorce.

1. Identify the personal jurisdiction

If you have been living in a state for a long time, then you are likely to fall under the personal jurisdiction of relevant courts in that state. However, if you are new to a state or have been living there for a short duration, then you will have to determine your personal jurisdiction in your previous state, where you lived for a long time.

Each state has its own residency rules. Some states may require you to submit documents as proof or require you to live for a certain duration to become eligible for filing a no-fault divorce. Check the relevant rules on the state government’s website.

2. Identify relevant courts

Once you know your personal jurisdiction, you need to find the subject jurisdiction, that is, find courts that deal with divorce matters. There can be dedicated divorce courts, while at some places, general district courts also hear divorce pleas. The subject jurisdiction relevant to you will be determined by the state and the city or town you reside in.

3. Check for forms

No-fault divorce forms are usually available online on state government’s websites, through the legal department or legal firms. The form could also provide you instructions on drafting a written petition, which you would later submit in the court.

4. Consider not hiring an attorney

There are many services available that are straightforward and affordable that can lead you to having a low stress, quick divorce without the assistance of an attorney. You may save money by not hiring an attorney. Of course, if things are a bit complicated you can always eventually hire an attorney.

5. Determine separation preferences

Consider the terms for the separation of money, assets, and custody of children before writing the final petition. Being clear on what you want to retain and what you are okay to forfeit or divide can prepare you better for challenges or objections raised by your spouse. It may also make the legal proceedings go faster. Mediation is a great tool to give couples the power to make their own decisions in their divorce process.

6. File the no-fault divorce petition

Complete the form, written petition, and compile all the obligatory documents to be submitted in the court. Then visit the court and file papers with the clerk in charge. You also pay the no-fault divorce filing fee to the court at this stage.

7. Serve a copy of the petition

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Once the divorce is filed in the court, you need to serve a copy of the petition to your spouse. You can serve the papers in person but in the presence of an attorney or an independent third party. The rules for serving papers vary as per your state, so consult your attorney or the state’s legal department.

After serving the papers, the court may give a cooling-off period, which could include a window of opportunity for the defendant to file a counterclaim. The court may allow you to amend your petition if a counterclaim or objection is raised by your spouse.

In the case of disputes over the separation of assets or custody of children, the court may give a chance for an out-of-the court settlement in the presence of a court-approved mediator.

What Are The Pros And Cons Of No-fault Divorce?

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The pros and cons of no-fault divorce can be summed into the following points.

Pros:

• No need to show faults of your spouse as the reason for divorce
• Can be initiated by either of the partners
• Can resolve faster if no objections raised by the spouse
• May incur less legal and attorney expenses

Cons:

• The spouse can raise objections or disrupt, which can extend the court proceedings
• The dispute over assets, money, and child custody may make the case as expensive as fault divorce
• May be misused by a disgruntled spouse

How Long Does A No-fault Divorce Take?

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A no-fault divorce case with no objections from the defendant usually takes about two to three months to resolve, although this duration can vary as per state and applicable laws. If the spouse raises objections or abjures or the court seeks additional documents, it can invalidate or nullify the divorce proceedings and prolong the process.

Did you know?

In Louisiana, if spouses are living separately and apart with no minor child, granting a no-fault divorce takes 180 days, while it takes 365 days for the judge to grant the divorce if the couple has a minor child together (2).

Infographic: What Are The Benefits And Drawbacks Of A No-Fault Divorce?

No-fault divorce has become a popular approach to ending a marriage as it offers couples a more easy and efficient process. The infographic below explains the positives and negatives of this type of divorce. So, if you’re contemplating divorce, understanding these aspects will help you make an informed decision.

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Learn about no-fault divorce and how it works in this short video. Understand its meaning and the steps involved in the process.

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Casey M. ReiterEsq.

Casey M. Reiter is an Appellate and Litigation Support attorney practicing in Florida with six years of experience. Her focus areas are Family and Marital Law and Criminal Defense-related appeals. She also works as a professor, teaching Family Law, Criminal Law, Legal Writing & Research, Civil Procedure, Tort Law, Business Law, and Real Estate Law. Casey received her Juris Doctor...more

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Sanjana did her graduation in Pharmacy from Andhra University and post graduation in management from GITAM Institute of Management. It was during her first job, she recognized her skills in writing and began working as a freelance writer. Later, she completely moved into content writing and has more than three years experience as a full-time content writer. Sanjana's articles in...more

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Shikha is a writer-turned-editor at MomJunction, with over seven years of experience in the field of content. Having done a certification in Relationship Coaching, her core interest lies in writing articles that guide couples through their courtship to marriage and parenthood. She also specializes in baby names. A postgraduate in Human Resources from Jawaharlal Nehru Technological University, she likes understanding...more

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Ratika holds a master's degree in commerce and a post-graduate diploma in communication and journalism from Mumbai University. She has 6 years of experience writing in various fields, such as finance, education, and lifestyle. As a content writer at MomJunction, Ratika writes insightful and informative articles on marriage, relationships, and baby names. She keenly observes human relationships and enjoys studying...more