If you’re looking into divorce options and currently trying to figure out what works best for yourself and your spouse, you’ve probably run into the terms ‘uncontested divorce’ and ‘no-fault divorce.’ Most uncontested divorces are no fault since they are usually claiming the grounds of divorce as irreconcilable differences and not something that is someone’s fault like adultery.
At first glance, these terms seem interchangeable, and many people use them that way. But there is a small distinction to be made here because an uncontested divorce does not technically mean the same thing as a no-fault divorce. That doesn’t mean that they aren’t, for all practical purposes, the same thing. It just means that it’s possible for there to be an uncontested divorce that is not a no fault divorce.
This is because each term refers to different things. For example, uncontested refers to the divorce agreement or arrangements between parties, while no-fault refers to the grounds for the divorce itself. An uncontested divorce is where both parties agree on matters relating to the divorce, such as custody of minors, division of assets, and financial matters.
A no-fault divorce is where there are no recognized grounds for the divorce that places the ‘blame’ on either party. For example, a no-fault divorce petition may cite irretrievable differences or incompatibility, whereas a fault divorce requires one party to prove the other party was at fault adequately.
Therefore, it is entirely possible to file for a no-fault uncontested divorce (and most uncontested divorces are) While the concepts are linked, they are not exactly the same thing. Either one is a cheap way to get divorced online without going to court in Alabama.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply feedback. We appreciate our readers & love to hear from you!