The Pros and Cons of No-fault Divorce: A Closer Look

Deciding on a divorce can be tough and emotional, and divorce processes can be time-consuming, stressful, and unfavorable experiences. That’s why many couples who decide they are no longer fit for marriage fix on no-fault divorce. However, just like with everything else, there are pros and cons of no-fault divorce.

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In this article, we will go through the advantages and drawbacks of no-fault divorce, tell you what no-fault divorce is, and the main difference between fault and no-fault divorce.

We believe that here, you can find the answers to help you determine whether no-fault divorce is a suitable option because you will have far more knowledge and insight on the subject.

If you are ready to learn the basics about no-fault divorce and understand whether the pros outweigh the cons, let’s begin! 

What Is No-Fault Divorce?

Before going through the advantages and drawbacks of no-fault divorce, we need to define what no-fault divorce is. In detail, a no-fault divorce is, as the name implies, a divorce file where the partner who seeks divorce doesn’t have to prove the wrongdoing of their spouse as a reason for the divorce.

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In contrast, we all know that when spouses file for divorce, the justification for the divorce file must be established. However, that isn’t the case with a no-fault divorce, which can be filed without blaming the other party and in which the marriage can be ended without a specific reason.

It’s good to know that California was the first US State to approve no-fault divorce, and this state has practiced no-fault divorce since 1969. Therefore, finding a professional and well-rated divorce lawyer in San Francisco who can help you through your no-fault divorce without any complications won’t be hard.

Now that you know what a no-fault divorce is, let’s together discover the pros and cons of no-fault divorce and help you determine whether this type of divorce is the best choice for you.

Pros and Cons of No-Fault Divorce

There are positives and negatives of no-fault divorce. Yet, spouses often decide on a no-fault divorce because the advantages often top the disadvantages.

First and foremost, let’s go through the main differences between fault and no-fault divorce and continue further to uncover the pros and cons of no-fault divorce.

Main difference between no-fault and fault divorce

Fault divorce, in opposition to no-fault divorce, is when the spouse who files for divorce blames the other party for wrongdoing. This wrongdoing can be abuse, adultery, violence, abandonment, substance abuse, and more. The wrongdoing is the reason for the divorce. Yet, these allegations must be proved in court to end the marriage.

On the other hand, no-fault divorce is often much more straightforward than fault divorce, at least for some spouses, because it doesn’t ask for the spouses’ faults so that the marriage can be terminated. In other words, a no-fault divorce can be filed without revealing wrongdoing and proof to the court.

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Pros of no-fault divorce

Quicker, easier, and costs less money

Fighting a divorce battle, which can last for some time and cost spouses a lot of money, is often the case with fault divorce. By contrast, the legal costs are far less with a no-fault divorce because the no-fault divorce timeline is shorter and more practical, which is a great benefit.

Good for couples who have agreed to discontinue their marriage

As the no-fault divorce doesn’t ask for proof of blame or wrongdoing, it’s a good option for couples who have decided that their marriage no longer functions together. Couples who have seen their differences don’t blame each other and don’t create further hardship and conflict.

May be less emotional and smoother

Deciding on no-fault divorce can be less emotional for spouses because this type of divorce is usually grounded on irreconcilable differences. This makes the negotiation part of the divorce far smoother compared to fault divorce. Plus, a smooth negotiation often equals less emotional harm and a shorter hearing.

Moreover, in no-fault divorces, there’s often no negative energy and further discord because the spouses don’t blame each other for certain things that happened in their marriage.

Offers more privacy to spouses

No-fault divorce can be far more private than fault divorce. There isn’t any legal obligation to testify about the wrongdoing of the spouses, making the reasons for the divorce confidential and known only to spouses. The quick legal process and short hearing are private, and other parties aren’t involved.

Money settlements are based on the spouses’ needs

As we are all aware, divorces include money settlements. In a no-fault divorce, these money settlements are solely based on the spouses’ needs, financial capabilities, and financial contributions to the marriage.

To put it differently, spouses can decide together on money settlements without including the wrongdoing in the compensation and asking their spouse to pay for all the wrong things they did to them.

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