Is An Uncontested Divorce The Same As A No-Fault Divorce?

27 February 2023
 Categories: , Blog

An uncontested divorce and a no-fault divorce are not the same thing. It's easy to assume these two terms speak of the same type of divorce, but there's a difference in what these terms mean and how they work.

What Is an Uncontested Divorce and How Does It Work?

An uncontested or simple divorce implies that a couple has worked out their own divorce agreement and has no lingering issues in regard to all things that come with a divorce. For example, you and your spouse may decide, on your own:

  • How to split assets
  • If someone will require spousal support or alimony
  • Custody, visitation, and other aspects involving children

If you and your spouse agree on all the details, then you can seek an uncontested divorce. However, if one or the other parties disagree with any part of the agreement, an uncontested divorce becomes a contested one. For a smooth, problem-free uncontested divorce, the couple must make sure they have no disagreements before filing.

One misunderstanding with an uncontested divorce is that you must do it all on your own. While you can do it yourself, it can help to involve a divorce attorney to help figure out all the important details, especially when it comes to the proper and fair way to split assets and further considerations for the best outcome for children.

What Is a No-Fault Divorce and How Does It Work?

You've likely heard the words "irreconcilable differences" before. A no-fault divorce implies insurmountable differences in the marriage. As the name implies, no one holds fault for the differences, so no one has specific grounds to claim a fault or lay blame.

No-fault divorces aren't handled the same way in all jurisdictions. Some states require couples to separate for a time and, in most cases, you're required to file for divorce specifically as no-fault.

You cannot always file for a divorce the normal way, but say it's no-fault once things get underway. So, if you and your spouse want to go the no-fault route, it's a good idea to look into your state's laws and requirements.

Uncontested divorce and no-fault divorce can occur simultaneously. In addition, some jurisdictions have different types of no-fault divorces. In some states, once you file for a no-fault divorce, the other party cannot then contest it by claiming a fault.

While both these types of divorces can make the divorce process that much easier, they're not always the right path for the people involved. It can help to have the opinion of someone who knows the laws and understands how the process works.

Whether you're seeking an uncontested divorce or want to file a no-fault divorce—or both—it can help to obtain professional guidance from a divorce attorney. Contact a firm such as Elam Glasgow & Chism to learn more.