Contested Or Non-Contested Divorce. Fault Or No-Fault Based Divorce.
In almost all states, spouses have a choice to file a no-fault or fault-based divorce. In addition, both of these types of divorce can be contested or uncontested. What does this mean?
Mostly, it means that before you file for divorce, you should carefully consider whether you want to take an aggressive and uncooperative approach to your divorce or one that is less expensive, quicker, and less emotionally damaging to your life and those of your children.
This article provides you with a basic understanding of the differences between an uncontested divorce and a contested one. We will also cover the difference between a no-fault divorce versus a fault-based one.
Divorce Is Either Contested Or Uncontested
The divorce process is an emotionally and financially draining process even when the parties agree to a divorce and the major divorce-related issues that must be resolved.
The process, however, can become counter-productive and mutually destructive when the divorcing parties refuse to resolve their differences and demand the issues be fully litigated.
Uncontested Divorce
An uncontested divorce is where both divorcing spouses agree to the significant terms of a divorce, such as the division of property, visitation, physical and legal custody, and support issues.
An uncontested divorce is emotionally less complicated and less expensive. It can be accomplished in most states by filing a joint divorce petition.
Uncontested divorces are generally not appealable, but specific issues may be modified through the family court process.
For uncontested divorces, mediation can be a mutually beneficial path to take. The reason being the more control the spouses have over the process, the quicker the spouses will come to a fair and satisfactory agreement.
Contested Divorce
A contested divorce is the most complicated because the divorcing parties cannot agree on the significant divorce-related issues and insist that most, if not all, such matters be fully adjudicated by the divorce court judge.
The contested divorce is often emotionally damaging to the parties and children and can be extremely expensive to litigate.
In contested divorces, the judge is ultimately responsible for making decisions on issues such as property division, child custody, visitation, and spousal support.
The Major Issues To Be Resolved
Divorce is the legal dissolution of the marriage which establishes each of the following spouse’s rights, including:
- Which spouse will receive legal custody of the children
- Which spouse will receive physical custody of the children
- Which spouse will be entitled to remain in the family home
- Which spouse will have visitation rights and their terms
- Which spouse will receive what percentage of the property
- Which spouse will receive marital support and how much
- Which spouse will be paying the bulk of the child support
With so many issues to resolve, most divorcing couples prefer not to add to the chaos and choose to have a no-fault divorce.
We will now cover the major difference between no-fault and fault-based divorces.
No-Fault Divorce
When you file for a “no-fault” divorce, you need not prove that your spouse did anything wrong or was in prison or a mental institution. All you have to assert is that the marriage is no longer working. Or, as most no-fault states define it, there are irreconcilable differences between the parties.
Irreconcilable Differences
Irreconcilable differences mean the spouses choose to end the marriage without engaging in the blame game of wrongdoing, especially if the partners want to protect the children from the emotional turmoil a contentious divorce can cause.
Divorce Based On Fault
To obtain a divorce based on fault, the spouse seeking the divorce must prove physical or mental cruelty, abandonment, or whatever other grounds for divorce your state requires.
These cases can get ugly very quickly and are rarely recommended by the lawyers, and is almost always disfavored by the judge.
Fault In A No-Fault State
Even if you are in a “no-fault state,” a spouse still has the option to allege fault as the legal basis of the divorce. Under these circumstances, some states allow judges to consider abusive and deceitful behavior of the parties when the court rules on issues involving the distribution of marital property.
If you want the judge to do this in your divorce case, you should include this in the petition and include evidence for the court to consider. But you should know that putting these allegations in public documents might make the divorce much more contentious than it needs to be.
The Quasi No-Fault State
In quasi-no-fault jurisdictions, one spouse will sometimes refuse to end the marriage and oppose the divorce at all costs, even if it means taking a scorched-earth approach to end their marriage.
The courts in these jurisdictions do not favor the party that insists on fighting it out in court and legally obstructing the other spouse’s preference to proceed with a no-fault divorce.
Divorce Lawyers
If you have specific questions or require additional information about your legal rights and obligations, consult a verified Divorce Lawyer as soon as possible.
