No-fault divorce means just that. Both spouses agree to file for divorce but neither will blame the other. Neither will make a claim that the marriage failed because one of them did or didn’t do such and such. The couple is seeking a divorce and no-one is to blame.
That doesn’t mean there are no grounds for the divorce. There are grounds but these can be conveniently placed in the box marked ‘irreconcilable differences’.
In the old days, adultery, cruelty, desertion, etc were often the grounds for seeking a divorce. One spouse had to prove that such grounds existed. They may not have existed but that didn’t stop one spouse telling the court they did. Lawyers would sometimes coach their client in what they should say and how they should say it. Divorce courts are not liar-free zones.
The push for uncontested divorces came from people who hated the slanging matches which often took place in divorce courts and from the need to save money. Couples realized that by both agreeing to the divorce, a lot less time would be required and a lot lower fees would be charged. A contested divorce can take far longer than an uncontested divorce and the financial savings can be significant. If you believe you might be eligible for an an uncontested divorce you can save thousands by divorcing online - click here to see if you are eligible.
There are various aspects to divorce and one such aspect has not changed. Emotions are still put to the test when a relationship breaks down. It is certainly much easier and can be far less costly to obtain a divorce today but the emotional stress has never been removed. Of course some people are better able to handle separation and divorce but all the legislation changes have not removed the pain of divorce.
Uncontested divorce is the most popular form of divorce and certainly the least expensive. Provided you and your spouse can agree on issues such as child custody, division of joint funds, the family home, etc then an uncontested divorce is arguably a no-brainer. However, if one partner is abusive and treating the other with disrespect, an uncontested divorce is not the best way. You need a spouse who can be reasonable and who treats you with respect. The love may have gone from the marriage but being civil make the process easier and quicker.
It’s possible to conduct an uncontested divorce without engaging a face to face lawyer. There are kits which you can purchase or online lawyers you can engage. Some couples may reach agreement and then each will show the proposed agreement to a lawyer just to be sure they have not missed anything or are not being taken advantage of.
Remember it is never wise to use the same lawyer to represent both spouses.
The strange part about an uncontested divorce is the law still sees divorce as a contest, as a form of adversarial conflict. With both spouses not wanting to fight in court, they are seemingly not entering into the court as opponents.
Beware too of complicated financial arrangements between a divorcing couple and if they have a child with special needs. These can be tricky areas requiring clear cut decisions of responsibility and cost and unless pre-court agreement can be reached, a contested divorce calling upon the judge to make a ruling might be the best option.
However the major point is that no blame is to be attached to either spouse because the couple is seeking a no-fault divorce.