Understanding No-Fault Divorce

Understanding No-Fault Divorce
Divorce is not easy. It can be exhausting and emotionally stressful. Going through the process may not be easy for everyone. This arduous process generally makes people drawn out. It is because of this reason; people often prefer to go for the easiest divorce method called the No-Fault divorce. By definition, the process is easy but again, it may leave behind a trail of emotional stress which often hampers the future life.
In simple words, No-Fault divorce can be defined as a divorce where none of the partners is at fault. Well, that may sound extremely easy but there is a legal aspect of this type of divorce. The No-Fault divorce is an uncontested divorce in which two married people are separate because either one or both the partners no longer want to stay married. Evaluating further, it is a form of divorce in which neither of the two partners blame each other for the marriage breakdown. Since there is no official blame, the law takes it as a situation where none of the partners is at fault.
No matter what, there has to be some basis for No-Fault divorce. ‘Incompatibility’, ‘irretrievable breakdown’ and ‘irreconcilable differences’ are the three bases for this type of divorce. It is not necessary that violence, marital disputes, infidelity or any other form of transgressions need to be the reason for separation. This form of divorce will allow you or your spouse to simply dissolve the marriage agreement without any need to prove each other faulty. All that is required is that you or your spouse needs to cite ‘irreconcilable differences’ or any other basis and the divorce process will be plain and easy. Because of the aforementioned requirements, the concept of unilateral divorce has been created where either of the two partners can easily end the marriage because he or she wants to. Quickly going through the divorce process becomes more conceivable option with a No-Fault divorce. However, you will have to remember that in case you have children, No-Fault divorce will provide least upheaval to the lives of your children.
The No-Fault divorce was not present in US until 1970s. Before that, it was actually necessary for the partner seeking divorce to prove abandonment, infidelity, cruelty or any form of similar offense. The last state to embrace No-Fault divorce was New York and this divorce type was enforced in New York in 2010. In-supportability is the primary motive for No-Fault divorce filing. This is actually referred to as unconquerable emotion separation between two married couples in divorce law. Though the No-Fault divorce apparently sounds easy and simple, there are a few twists and turns available.
There is neither any guarantee nor any indication in a No-Fault divorce that your spouse and you will have an agreement on all matters. It simply means that you or your spouse is not required to prove why and how one has wronged the other. If your marriage is physically and or emotionally unhealthy, the No-Fault divorce will protect your rights and you will not be required to be in physical contact with your spouse in order to be able to start this type of divorce. In general, the No-Fault divorce takes shorter span of time compared to the conventional contested divorce. This means that your expenses and your sufferings will be less. The less the time spent in court, the lower is the legal fees that you will have to bear and on top of that, the lesser the time spent in court, the sooner you get divorce which will put an end to your sufferings.
In case of No-Fault divorce, the divorce settlements then take place on the basis of contribution to family finances, payment ability and needs. Here fault is not taken into consideration. Remember that divorce is a tough thing and it is financially as well as emotionally taxing. Even before your divorce takes place in front of law, make sure that you get some kind of support that can help you to walk through the misery and help you move on with your life.