What Is The No Fault Divorce & What Are Its Benefits?

When you’re getting married, you certainly aren’t planning on getting a divorce. Thus, when you realize that you need one, you’ll be quite unprepared, not understanding your options and not getting the hang of the entire process. Things are not as simple as you might have thought, and you’ll probably find yourself struggling to do them correctly. Especially so if children are involved, since this can be quite stressful for them and if you want to know how it affects them, you should read more on that.

You might have thought that you can get a divorce if you simply want one, and that there are no requirements that need to be met there. Yet, when you started researching, you saw not only that both parties have to agree, but also that usually some proof of contract breaches is required. What happens, though, if you don’t have such proofs, or if you don’t want to bother presenting them?

Does not having proofs and not wanting to present them mean that you won’t be able to get a divorce at all? Fortunately, it doesn’t. There’s a useful concept known as the no fault divorce that you have to get acquainted with, not only because it allows for this breach of marital contract to come into effect even without those proofs, but also because it comes with quite a few more benefits.

What Is The No Fault Divorce?

Before we get to those benefits, though, we need to make sure that you understand what a no fault divorce actually is. Simply put, it is the process of marriage dissolution in which you don’t have to prove the wrongdoing of any party. It is the most common modern marriage dissolution type, as it allows the parties to separate and go their own ways without casting blame on anyone.

This should explain the concept further: https://en.wikipedia.org/wiki/No-fault_divorce 

So, if you and your partner want to get divorced, but you don’t want to put blame on anyone and you are, perhaps, thinking of doing this due to “irreconcilable differences”, this is the option to go for. Instead of having to list adultery, unreasonable behavior, or something else as a reason or getting divorced, you can simply claim that the relationship has run its own course and irretrievably broken down.

What Are Its Benefits?

Apart from the obvious, what are the actual benefits of getting a no fault divorce? The obvious, of course, being the fact that there’s no blame casting and that you can get a marriage dissolution even though no grave misconducts have been made either by your or your partner. Naturally, there are more benefits to consider, and I’ll list some of them below.

  • Faster Way Of Pursuing Divorce

Since you won’t have to go through a lengthy legal process to prove someone’s fault, you’ll get the dissolution more quickly. This is extremely beneficial for all of those couples who want to move on with their lives as soon as possible. Lengthy legal processes can take a toll on everyone, while a quick and painless process as this one won’t leave serious scars.

  • As Well As Simple

The process is not only quicker, but also much simpler, as should be logical. The no fault divorce, as explained, requires no proofs that the one of the parties has committed certain transgressions that are causing the dissolution. Plus, you’re not required to spend time separated before opting for marriage dissolution. All of that makes everything as simple as it can be.

  • And Less Expensive

Legal processes can cost a lot! And, I mean, really a lot. Everyone who has gone through the traditional divorce processes knows this already, so if you’re not up to speed, I suggest you talk to someone. This so-called modern option, though, is less expensive because it minimizes the necessity for solicitation. Contesting the divorce is also very difficult here because you can’t contest the grounds, and you would just be stuck on technicalities, meaning that you and your partner will save money on legal fees, making this option much cheaper than the traditional one.

  • The Process Is Less Emotionally Charged

When blame has to be cast, emotions are bound to get stirred. Thus, perhaps the most important benefit of the no fault divorce lies in the fact that the entire process will be less emotionally charged. Consequently, all the decisions will be made in a more rational way, which will lead to both spouses benefiting.

  • Chances Of Better Communication Are Higher

Since rationality will beat emotions here, communication is bound to be much better between the soon-to-be-ex spouses. Decent communication is definitely quite important if you want the process to be completed amicably and without encountering any major issues. If you let your emotions run the process, or if the other party does, there’s no doubt that it will all get messy and complicated. And, naturally, when someone wants to blame someone, emotions are bound to overcome everyone. Thus, with the no fault option, and with the absence of blame, communication will run more smoothly.

  • It Is Less Stressful For Children

Probably among the most important benefits of the no fault divorce (additional info) is the fact that everything will be less stressful for children. It’s clear that this has to impact them and you won’t be able to prevent certain changes from happening, or your children from reacting to those changes in their own way. But, you can minimize the damage by making the process as clean as possible, so to speak, and not getting into huge arguments with your almost-ex spouse.

Huge arguments will be avoided if no fault is cast on anyone, and if people are ready to communicate reasonably, without letting their emotions get the best of them. So, if you’re trying to do what’s best for your children, and you most probably always are, the no fault divorce could be the way to go. As explained, the marriage dissolution will still impact them, but the impact will be much less damaging this way.

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