What is a No-Fault Divorce?

People do marriages to experience a completely different phase into their lives especially in terms of receiving a lifetime support and create several moments filled with enjoyment and fun.

However, in countries like United States, a high increase in divorce rate can be seen from past few decades. Generally, people go for divorce when they start getting a feel about worthless continuing their marital relationship any further due to unavoidable circumstances and problems created in their married lives.

In most of the cases both the individuals are ready to get divorced from each other without any complaints against each other. At the same time, no significant wrong doing function is performed by either of two partners.

I highly encourage you to read: 8 Different Grounds for Divorce in USA you must Know

Such divorce processes are specifically termed as no-fault divorce. The no-fault divorce rate is found maximum in United States. The most significant feature of no-fault divorce process is its less complexity and simple procedure followed in this process.

Through this article, I’m providing detailed information regarding essential features associated with no-fault divorce process.

No-fault Divorce in details

The no-fault divorce mainly results in the case where both the individuals show their agreements regarding getting divorce against each other. During no-fault divorce case, the filing individual called petitioner does not require presentation of evidences regarding complaints against another partner, as no such conditions are valid for no-fault divorce case.

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Please read: An Overview about the Different Types of Divorce in the United States

Both the parties are expected to file the divorce process in the courthouse with mutual agreement on all important issues such as child custody or child support matter, property or debt distribution issue and several other crucial matters.

Divorce papers particularly related to no-fault divorce are also required to be drafted as per the divorce laws and policies of particular state. In the end, the courthouse of the concerned state grant the divorce case to both the parties.

Grounds of a No-Fault Divorce

The no-fault divorce type is one of the simplest and less complex form of divorce known so far. It consists of agreement from both the individuals.

Below are mentioned the major grounds on the basis of which no-fault divorce can be expected by the courthouse:

Irretrievably broken marriage condition

In order to get no-fault divorce in states like Florida, if either of two partners declare the irretrievably breakdown marriage situation, then court house can directly accept such condition for no-fault divorce case.

Mental inability of the spouse

Most importantly, the mental inability or prolonged mental illness of the spouse is proved with the help of relevant medical documents, then courthouse can easily accept this as the case of no-fault divorce process.

Marriage with beyond repair condition

The declaration of the marriage with no possibility of repair and development by either of two partners can also be considered as the case of no-fault divorce. As a result, many states in US like California and Florida have shown its maximum acceptance for no-fault divorce case.

See also  8 Different Grounds for Divorce in USA you must Know

Advantages of a No-Fault Divorce

No-fault divorce is beneficial for the clients and states through so many ways. Here, we are mentioning some of the major advantages obtained from no-fault divorce type:

  • Firstly, it is considered that no-fault divorce consist of lesser formalities and duties with it, as a result no-fault divorce type is highly simpler and easier process among all divorce types.
  • Secondly, no-fault divorce process does not require any additional expenses in terms of paying high fees of divorce attorney or consulting mediators and several monetary based practices involved with general divorce cases. Therefore, such divorce type proves to be a less costly process for the clients.
  • The third most important advantage associated with no-fault divorce is its less complexity as no additional formalities like consultation with counselor or several hearing sessions regarding solution of essential matters such as child custody or child support issues are not included into this divorce type.

As a result, maximum time can be saved for both the parties. On the other side, as no time is wasted in terms of arranging evidences to prove the points, hence, great amount of time can be saved in this way as well.

Disadvantages of no-fault divorce

Apart from highlighting some advantages of no-fault divorce type, some disadvantages are also associated with such type. Here, we are listing some of the major disadvantages associated with no-fault divorce:

  • Some relevant issues such as child custody issue needs proper investigation and definite time to find out the personal interest of the child as well, however, in case of no-fault divorce no such condition is possible. Hence, an unfair decision may result due to lesser time involved with no-fault divorce case.
  • The no-fault divorce does not include the alimony support issue as mostly people denied to provide this facility, as a result the deserving candidate regarding alimony support may get deprived of this relevant support in his or her life after getting divorce from respective partner.
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A no-fault divorce can be considered as one of the simplest and less costly affair for condition where both the individuals are ready to give divorce without any complaints from each other.