Preparing for divorce is an exhausting but necessary process. The divorce process is arduous and may feel very drawn out. A no-fault divorce may be the easiest way for you and your soon-to-be-ex-spouse to move on with your lives and heal.
A no-fault or uncontested divorce is basically a legal separation of a married couple of which one or both parties no longer wants to be married. A no-fault divorce is one in which neither the husband nor the wife officially blames the other for the breakdown of the marriage. Common basis for no-fault divorce are “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” This separation does not have to be due to marital disputes, violence, infidelity, or other transgressions. It enables you and your spouse to dissolve your marriage without having to prove fault to the court—rather, you may just cite “irreconcilable differences.” These requirements created the concept of a unilateral divorce, which enables either party to end a marriage if he or she desires to do so. A no-fault divorce makes going through the divorce process quickly a more conceivable option. And, if you have children, this type of divorce generally offers the least upheaval to their lives.
No-fault divorces were unavailable in the United States until the 1970s; prior to this you could only seek a divorce if you had grounds to prove cruelty, infidelity, abandonment, or a similar offense. New York was the last state to implement no-fault divorces and did so in 2010. Generally, the primary motive for filing for a no-fault divorce is in-supportability. In divorce law, this refers to an unconquerable emotional separation between you and your spouse.
A no-fault divorce neither indicates nor guarantees that you and your spouse will agree on all matters. It just means that you do not need to prove how and why he or she has wronged you. If you are in an emotionally or physically unhealthy marriage, this type of divorce protects your rights—you do not need to be in personal contact with your spouse to begin this type of divorce process. A no-fault divorce also takes less time to obtain than a contested divorce. This shortens the amount of time you have to stay in an overall stressful situation and decrease the financial drain the procedure may cost you—less time spent in court means less legal fees (and probably less headaches). Additionally, divorce settlements are based on need, ability to pay, and contribution to the family finances, instead of on fault.
Try not to wait until the divorce has been granted to begin the process of healing. Getting a divorce is very emotionally and financially taxing, and you need to establish a support system to help you through this period. Divorce advice is available in a variety of ways—from books on divorce to online and in-person divorce support groups and forums. Although a no-fault divorce is conceptually less stressful than a contested divorce, you will still need to give yourself the time and tools to recover from this emotional experience.
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