What is a no fault divorce? An uncontested divorce is a divorce where there are no parties to blame for the marriage ending. This leaves the parties to themselves, to be judged for the marriage and to discuss their own reasons for leaving the marriage.
Why is this such a good thing? Well, at least in this case, the divorce proceedings do not require either spouse to change any financial arrangements or even ask for a lawyer. The parties to the marriage can all decide the terms of the settlement themselves and both parties must agree to these terms, otherwise the divorce is not a “no fault” divorce.
For example, in a divorce that is going to be uncontested, the parties may have to agree on certain terms. If one of the spouses has a child from a previous marriage and now has children from the first marriage, this could affect the terms of the divorce. An uncontested divorce means the parties must be honest about these situations and communicate with each other about these issues.
In the United States, a person who is not the party to the marriage can file for a no fault divorce. However, in many countries, people are still expected to be the party to the marriage to file for a divorce. In some cases, if a man has another woman as his wife after he has been married to his first wife for several years, then the courts will choose to order a “change of residence” to allow him to continue living with his wife in their home. And, if a man marries his first wife’s daughter after their first marriage, the court will usually allow him to continue living with her.
Some states have made it a point to make a “no fault divorce” available for every couple filing for divorce. However, the idea of the “no fault divorce” is that the parties must be honest about their reasons for divorcing. There are three types of “no fault divorce” that can occur. These are:
Where a spouse leaves or is given custody of a child because the other parent was killed in a car accident, or committed suicide. Where the parents of the child who is now on the other side of the divorce have to take on the responsibility of caring for the child. Where one of the parents of the child has passed away and the other parent wants the child’s custody. In this last scenario, the court will make a determination as to whether the child has been harmed by living with the parent who was not married to the child’s birth parents.
Of these three types of “no fault divorce”, the last is perhaps the most common and is more likely to be used. It can be determined that there has been harm done by living with a parent who was not married to the child’s birth parents, but the court will also determine whether the harm done by living with the non-married parent outweighs the benefit of the relationship and custody.
In a no fault divorce, it is possible to get a non-disputing divorce. In these circumstances, the couples’ problem areas must be resolved before the divorce can go forward.
In a no fault divorce, the situation is usually an uncontested divorce. These divorces can include matters such as child support, alimony, and property division. With an uncontested divorce, there are no financial or property issues to discuss.
A no fault divorce can last between three and six months. The trial period is typically a month. The divorce may also be finalized within the six month period if the parties agree to be bound by the terms of a post-divorce order for the duration of the marriage.