In essence, if you are filing for a no fault divorce, you do not need to establish specific grounds as in fault divorce cases. Simply put, the individual filing the divorce only needs to declare that the marriage has fallen apart. Terms such as irreconcilable differences or incompatibility are used to demonstrate that the couple cannot get along that is why they wish to end their marital union.
Advantages of a No-Fault Divorce
One of the major advantages of a no fault divorce is that an individual is not required to present and prove an occurrence of marital misbehavior such as abuse or adultery to substantiate the necessity for a divorce. This type of divorce permits the couple to separate ways as harmoniously as possible. Since you are not obliged to show and prove the wrongdoings of one party, drawing out the resentment and intense emotions between the two parties is avoided. This is particularly beneficial when the couple shares children.
Aside from that, a no-fault divorce can provide abused spouses the opportunity to get out of the marriage without causing further hostility.
Also, settlements about financial issues on a no-fault divorce are based on need, capacity to pay and contribution to the family finances and not on fault.
The no fault divorce can shorten the time needed for court appearances since judges do not need to weigh the spouses’ behavior in order to decide whether to grant a divorce or not.
Disadvantages of a No-Fault Divorce
Just because a couple has decided to file a no-fault divorce does not mean that they must only sign the divorce papers and the case is over. Keep in mind that in some cases, the couple is required to be separated for a period of time before the no-fault divorce is granted. The waiting period becomes a major disadvantage to a no-fault divorce.
When it comes to determining alimony or child custody, it is essential to have arguments of fault because the behavior of one or both spouses becomes the basis of the court in making decisions about these matters. You must realize that a fault may play an important role in deciding who gets the custody of the children and what alimony should be awarded. When there is no one at fault, a judge’s decision on issues such as custody, marital assets division and spousal support is dependent on the judge’s feelings and feelings are not always objective.
Many people criticize a no-fault divorce because the sanctity of marriage is not protected. When couples feel that they do not want to continue their marriage anymore, they rely on the comfort of filing a no-fault divorce. Presently, the major concern is diverted on how to make divorce fast and easy and not on saving the couple’s marriage.
The advantages and disadvantages of a no-fault divorce depend on the perception of an individual. Some may think that it is beneficial whereas others may believe that it can make matters even worse. For you to be guided accordingly, you must first understand your own situation and learn about all the options you have before making your final decision.