Is No Fault Divorce Easier than “Fault” Divorce?

By on 2-14-2016 in Family Law

Whichever way you look at it, divorce is a complicated process and, more often than not, it is fueled with conflicting and distressing emotions. However, it isn’t always as simple as a married couple that no longer wants to be together – sometimes, there are other factors that can come into play, which is why there are several different kinds and classifications of divorce.

Two such classifications of divorce are “no fault divorce” and “fault” divorce.

A fault divorce deals with a divorce case as to where one or both parties have committed a fault during the marriage and it is that fault that is the main reason for the marriage. These can come in the forms of domestic abuse cases or situations involving infidelity or desertion for a prolonged, unknown period of time. No fault divorce cases are ones that, however, have both parties at relatively amicable terms with each other and mutually want to terminate the marriage due to irreconcilable differences. According to the CDC, there were 813,862 divorces in 2014, not counting California, Georgia, Hawaii, Indiana, and Minnesota.

Both cases have their own difficulties as, according to the website of Marshall & Taylor, the recent state of the economy has made legal issues difficult to deal with as they can be quite pricey. Not only that but they can also be emotionally draining for everyone involved – especially if there are children involved.

A “no fault divorce” may, at first, seem like the simpler option but it has its own hurdles. According to the website of the lawyers with Holmes, Diggs & Sadler, there are some interests and aspects that must still be protected by either party in order to come together into an agreement that is acceptable to both parties. This process can be lengthy and tedious so, really, neither case is much easier than the other to handle for they both come with their own sets of complications.

If you or someone you know is considering divorce, it is advised to first seek the counsel of a reputable divorce attorney before proceeding.