For most of history, securing a divorce was an immense struggle and really only possible if you could prove someone was “at-fault.” It was not until 1969 that no-fault divorce was introduced in the US, which changed everything. It allowed either party in the marriage to pursue a divorce without needing to meet any burden of evidence.
What are the advantages of a no-fault divorce?
There is a reason someone may choose to push through with a no-fault divorce, even when adultery and domestic abuse are involved. Below you will find some benefits of a no-fault divorce:
- It takes away the burden of having to provide proof of the fault.
- It takes less time and money because you do not have to prove the grounds for divorce.
- You avoid the complications of litigation when the spouse contests the grounds in court.
- You and your spouse have control over the terms of the divorce—you can both be the good guys.
- Usually, at-fault divorces go to trial and because courtrooms are public, people will have access to what should have been a private conversation between ex-lovers.
Additionally, no-fault divorce effectively ends a situation where someone must remain married to their abuser simply because they cannot “prove” the abuse.
No-fault divorce can become an uncontested divorce
If both spouses already agreed that there is no retrievable way to save the marriage, it will be easier to proceed to an uncontested divorce. The spouses will then peacefully decide between themselves on the terms of the divorce. There may be no need to even step foot in a court room.
However, even if you have the most amicable of divorces, you may still need an attorney to help you finalize your agreements and ensure they are legally sound.
