Let’s discuss a little bit about no-fault divorce and its advantages and disadvantages. And how is it different from a fault divorce?
NO-FAULT DIVORCE:
No-fault divorce means getting a divorce based on incompatibility or because it’s just not working for you. In such divorce cases, you don’t have to prove that it’s your partner’s fault, which could lead to divorce. In other words, you want to end your marital relationship, not because of the misbehavior or wrongdoing of your partner. But because you both want different things in life, and that’s why you guys can’t get along together.
Earlier, only a few states allowed no-fault divorce. But nowadays, every state provides no-fault divorce, with some variations on the grounds of it, i.e., due to:
- irreconcilable differences,
- incompatibility, or
- irretrievable breakdown, depending upon the state.
In the USA, California was the first state and New York was the last to provide no-fault divorce. In short, all states in the USA provide no-fault divorce, where you don’t have to blame each other. To get this divorce, you just need to choose the no-fault option as a reason or ground to get the divorce.
In such types of divorce, you don’t need to give proof of what’s wrong or what happened that could lead to the end of your marriage while filing for divorce. This process is quite simple and less complex, so it helps save a lot of time, money, and even harassment.
HOW IS IT DIFFERENT FROM THE FAULT DIVORCE?
In a fault divorce, you have to give the reason or the fault of your partner, which leads to the end of your marital relationship. In such a type of divorce, it could be due to the misbehavior or wrongdoing of your partner. The grounds for getting a fault divorce may vary from state to state, but some of the more common ones are:
- abuse
- adultery
- cruelty
- abandonment, etc.
While filing for a fault divorce, you have to attach proof of the grounds for getting the divorce. Moreover, you may have to hire an attorney to represent your case before the judge. As this divorce process is complex, it takes more money, time, and even harassment to get the divorce.
ADVANTAGES OF NO-FAULT DIVORCE:
1. Worry-less process
One of the best benefits of getting a no-fault divorce is having less worry about the whole process of getting a divorce. As you don’t have to collect evidence for the fault of your partner, and even your partner doesn’t have to worry about defending themselves. As a result, you experience less worry while processing a no-fault divorce.
2. Helps save time and money
There is no waste of time, no arguments, allegations, or faults in this, which makes the whole process of divorce quite simple. So it takes less time to get a divorce, which helps save a lot of money.
3. Less of a bad experience
In general, blaming and making allegations about each other for the sake of getting separated can make you feel sad, hurt, angry, frustrated, and bad, even in the future. But here, you get the benefit at this point, i.e., no blaming and proving the fault of each other, which simply means less hurt and a less bad experience while getting the divorce.
4. Less effect on children
If your children have seen you making allegations, placing blame, and proving fault against each other while getting a divorce, that may have had a deep impact on them. But as there is no such blame game in this type of divorce, the whole process gets quite smooth. Hence, that is less likely to affect your children’s well-being.
5. Peaceful settlement
No-fault divorce simply means you want to get separated without playing any dirty games to make your side of the case stronger. Hence, a peaceful and smooth divorce process benefits you. Moreover, that also proves good for your peace of mind.
DISADVANTAGES OF NO-FAULT DIVORCE:
Just like any other thing, it also has a negative side, which you should know about so that you make the decision accordingly. Let’s look at the disadvantages of getting a no-fault divorce:
1. Easy separation
As the separation and even the process are quite easy, you guys are more likely to put in less effort to save your relationship. Easy access to getting a divorce based on no-fault simply means that sometimes even a little argument or issue can lead to divorce. This is the main drawback of a no-fault divorce.
2. May influence some matters
In the no-fault divorce process, you are not allowed to (as you don’t need it in the process) put up or explain your point of view, so chances are more that this process may influence some matters (like the child’s custody, the child’s support, etc.), and you may be dissatisfied with the final decision.
3. Lack of accountability
Sometimes it’s your partner’s fault that could lead to the end of your marital relationship, and you want to make your partner realize that. Because that process is good for nothing in that aspect, i.e., due to the lack of accountability. And suppressing the grudges and hurt you’ll get from your partner will simply make you feel frustrated from the inside, i.e., because of a lack of accountability.
