Why No-Fault Is Still The Best Type Of Divorce
No-fault divorce is the standard procedure that most people opt for when it's time to end a marriage. The adoption of no-fault divorce in all 50 states was a triumph for couples who no longer had to deal with staying in an unhappy marriage that was not otherwise marked by unacceptable behavior. Still, "fault" divorce does still exist and seems like an attractive option for spouses who do not want to have a mandatory separation period or who hope to get bigger divorce settlements. Yet even these couples may want to consider no-fault divorce for several reasons.
Your Spouse Can't Stop You
In a fault divorce (or grounds for fault divorce), one spouse files for divorce based on the claim that the other spouse exhibited awful behavior that made staying in the marriage untenable. For example, adultery is one possible reason. However, in a fault divorce, the other spouse could prevent the divorce by proving that he or she was not at fault. In a no-fault divorce, really the only things that can stop you from divorcing are incorrect paperwork (in which case you'd just file again with everything corrected) or your own attempts to pull your original request.
Fewer Reasons for the Judge to Stop You
As mentioned, there are really only two main reasons a judge could stop you from divorcing in a no-fault case, and one of these is incorrect paperwork. If you file for a simple divorce, for example, and claim there's nothing that needs to be arranged or divided -- yet it turns out you have kids and haven't worked out a custody agreement -- then a judge could send you back to the drawing board instead of approving the divorce. But good judges won't simply reject the divorce because they want you to stay married -- a no-fault divorce means you and your spouse can divorce for any reason.
In a fault divorce, though, again, the judge can reject your divorce filing if you can't convince the judge that your spouse really was at fault. It's very risky to use fault divorce if you truly want to leave the marriage.
No Witnesses Needed
Accusing someone of bad behavior? You need proof, such as witnesses. Simply filing for a no-fault divorce? You don't need any proof or witnesses. That gives you a lot less to worry about, and given that you're already going to have to arrange child and pet custody, property division, and more in a regular divorce, why add in the task of finding witnesses?
Fault divorce has its place, but it's an ever-shrinking place that is advisable only in specific circumstances. If possible, file for a no-fault divorce for an easier split. For more information, check out a website like http://www.siouxlandlaw.com today.