A no fault divorce is often very simple compared to a contested divorce.  Typically you can find a no fault divorce bundled together with an uncontested divorce as well.  But not always.  In a no fault divorce neither party is required to blame the other party for the divorce.  For example, if you are claiming that your marriage is over and you simply cannot get along and do not love each other any more, you can file a no fault divorce.  However, if you are claiming that your spouse had an affair, then you are claiming a fault divorce.

In filing a no fault divorce the expenses are usually reduced because there is no reason to have hearings to prove fault. 

 

This reduces the amount of work for the lawyers, and reduces the legal bills.  Also as a result, there are much fewer court appearances necessary.  Often trying to prove fault in a divorce can be quite a lengthy and expensive process.  By filing a no fault divorce you are bypassing many of these problems.  

The reason for a no fault divorce appeared in the United States because each state has their own criteria for being eligible for a divorce.  These grounds were required to be meet before someone could be granted a divorce.  This meant that if you did not actually have grounds that your request for a divorce could be denied.  This resulted in many couples fabricating reasons for a divorce.  

With reasons, ranging from abuse to adultery the excuses started flowing from the woodwork all across the country.  Most states agreed that lying in court even if only for a divorce was unacceptable and the idea of a no fault divorce was born.  By allowing the parties to file a no fault divorce there is no longer a need to claim false allegations against a spouse in order to obtain a divorce.  This has made the divorce much simpler for many couples.

With the benefits that a no fault divorce brings, it also has disadvantages as well.  Many critics claim that divorce rates are rising because of no fault divorces.  The claim is that it is simply too easy to get a divorce if someone is unhappy for no justifiable reason.  While this may be true, it has eliminated parties lying in court simply to obtain a divorce.  Lying in court is called perjury and can result in punishment up to and including jail time.  

The requirements to obtain a no fault divorce vary by location.  Some states are easier, while others have very strict rules and guidelines.  For example, in New York you must live separate from your spouse for a minimum of one year before you are eligible to apply for a no fault divorce.  Other states do not require this at all, and still other states have their own requirements.  

In order to best understand your states requirements for a no fault divorce it is best to consult with an attorney in your area.  Your attorney can walk you through the exact process and help you gather any documentation necessary in order to file a no fault divorce.  While a no fault divorce is much easier, there are reasons, and times where a fault divorce is still the best option and should be filed.  Depending upon your situation it is up to you to decide if it is the best option for you while you are pursuing your divorce.

If you are unsure of the best way to file your divorce, talk to your lawyer and fully explain your situation.  You can then receive their advice and feedback on the best course of action for your divorce based upon your exact circumstances.  While it is never an easy process, it is best to file for the appropriate divorce first, rather than making a mistake and later trying to correct that mistake.  If you feel that your lawyer is giving you bad advice, always consult with another lawyer to find out their opinion as well.  You should be happy with the result of your divorce and must ensure that you are well represented.  However, in the pursuit of happiness do not commit perjury when a no fault divorce is an option.