Is No Fault Divorce The Right Type For You?


No fault divorce is the quickest, easiest and least complicated way to dissolve a marriage, but that doesn’t mean it is always right for every couple. Before you decide to file this way, it is important to at least consider all the options, discuss them with your attorney, and make sure that is really the way you want to go.

Divorce is never easy

Bringing a once loving relationship to an end can take a real toll on both partners, not to mention any children that might be involved. Adding in legal finagling on top of that doesn’t make it any easier. That’s why you need to carefully consider the types of divorce and make the right decision for everyone.

When it comes to divorce, no fault is just one option.

This option doesn’t require either partner to assign specific blame, nor even to designate a particular reason for the split. With no fault divorce, both sides simply declare irreconcilable differences and agree to part amicably, with no lengthy wrangling over property division or child custody, keeping the legal work to a minimum.

There are three other main types of divorce, however: absolute, limited and uncontested.

Each of these is a little trickier and will require some legal maneuvering. They are often more rancorous as well, which is why it’s always good to avoid them if at all possible. If you are going to file for one of these types of divorce, it is particularly important to have a good divorce lawyer on your side.

  • Unlike no fault divorce, absolute divorce may require the assigning of a particular cause for the breakup. As its names suggests, it brings a marriage to an absolute end in the eyes of the law, dissolving any legal bond holding a couple together.
  • Limited divorce is one of the more complicated types of divorce, as it involves effecting a separation between partners for a certain amount of time. Usually couples file for limited divorce when they don’t have automatic grounds for an absolute divorce. A limited divorce requires couples to live completely separately for a specified amount of time, allowing them the opportunity to get any financial or personal issues resolved before finalizing.
  • Uncontested divorce is actually quite simple and is very similar to no fault divorce. This is basically a fast-track form of divorce for couples that have already come to an agreement on issues like child and spousal support, property division and other matters. Because uncontested divorce can happen so quickly, it may be easy for one or the other partner to unwittingly waiver some of his/her rights in the process. For this reason, it is important to have a qualified attorney handling everything.

Now that you have a better idea of the various types of divorce, hopefully that will help you to decide which course is best for you. Remember that there are always alternatives to divorce as well that may be a better option for you. So make sure you consider all of the available choices before making a decision.

The author of this blog is not an attorney and the information contained in these blogs should not be considered legal advice. The information provided here is based on the experience of the author and some of her clients whose actual names are not mentioned. Do not hesitate to seek the advice of an attorney if you have any legal questions.

Posted in Amicable Divorce and Conflict Resolution, Dealing with Divorce Lawyers, Divorce Support and tagged , , , .

One Comment

  1. I’d have to agree with you that a divorce is never easy. There is usually a lot going on in addition to stress building up between everyone involved. I always thought that divorce was just divorce and no other variations of it, I guess I was wrong.

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