What the Heck Is-A Series-What The Heck is a "No Fault Divorce"
As we keep going in this series, "What The Heck Is? I thought we would take a look at a term that keeps popping up...
What the Heck it a "No Fault Divorce"?
Here is a definition from Findlaw...
No-fault divorce. A petitioner does not have to prove the other spouse did anything wrong when ending their marriage. A divorce is filed because of “irreconcilable differences", or the marriage is said to be “irretrievably broken." This is the most common type of divorce.The way I understand it is that the No-Fault Divorce allows you to divorce for no reason at all. Luckily, in my state of NC, even though it is a "no-fault" divorce state, you can still file for alimony and child support in the right situations.
A no-fault divorce does not mean no one is at fault. This type of divorce makes the process simple because nothing has to be proven in court. Grounds for a No-Fault Divorce could include an irretrievable breakdown of the marriage, irreconcilable differences, and incompatibility.
Even though it is considered "no-fault," you can still have a Contested and Uncontested No-Fault Divorce. The contested version is when the couple is not in agreement and may need compensation such as child support and spousal support. The Uncontested no-fault divorce is just like it sounds; both parties agree to divorce without the courts needing to get involved.
Pros of the No-Fault Divorce
- It is simple
- It is private
- Less conflict
- Lower costs
- Less emotionally charged
- Causes less stress for kids
- Lack of accountability
- Takes longer
- Spousal support is less likely to occur
- Some would say it Undermines Marriage making it too easy to dissolve a marriage
https://www.gnlaw.co.uk/news/no-fault-divorce-pros-and-cons/
https://www.weinbergerlawgroup.com/blog/divorce-family-law/5-benefits-of-a-no-fault-divorce/
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