People often assume that a no fault divorce is the same thing as an uncontested divorce. However, the truth is these legal terms refer to two completely different types of divorce. Consequently, many individuals will experience delays in their case as a result of their decision to file a simplified divorce petition that is meant for an uncontested divorce when their situation truly calls for a no fault divorce petition. Taking the time to review the differences between a no fault divorce and an uncontested divorce will prevent you from making this same mistake.
No Fault Divorces
The term no fault divorce simply refers to the grounds that are listed on your divorce petition. While a traditional divorce will require you to prove that your spouse is at fault for causing your divorce, a no fault divorce can be issued without the need to assign blame. In order to file a no fault divorce petition, both you and your spouse must simply agree on the fact that your marriage is irretrievably broken.
While an uncontested divorce will inevitably be a no fault divorce, not all no fault divorces will be uncontested.
In addition to agreeing upon the need for a divorce, you and your spouse must agree on all of the issues involved in your divorce case in order to file an uncontested divorce petition. These issues include:
- property division
- debt distribution
- spousal support
- child support, visitation, and custody
Since the court will not be required to rule on the terms of your divorce when filing an uncontested divorce petition, this type of divorce will often be the fastest and most affordable option available. In fact, you can often obtain an uncontested divorce within a few weeks of filing your initial petition. Furthermore, this type of divorce will typically require you and your spouse to only appear in court once. This can be especially beneficial for spouses that do not live in the same city or state, or who are looking for ways to minimize the legal expenses associated with their divorce.
A Final Thought
While the information outlined above should have given you a good idea of which type of divorce is right for you, it is always best to consult a qualified divorce lawyer before filing your petition with the court. This will ensure that you are not only filing the right petition for your situation, but it will also allow you to ensure that your best interests are protected throughout the divorce process.Share