When couples decide to get a divorce, they can choose between two main types: contested and uncontested. An uncontested divorce in Jefferson County, also known as a “no-fault divorce,” is a type of divorce in which both parties agree on all the terms of the divorce, including the division of assets and custody of children. In contrast, a contested divorce is one in which the parties are unable to reach an agreement on the terms of the divorce and must go to court to have a judge decide these issues.
But why is an uncontested divorce in Shelby County sometimes called a no-fault divorce? The term “no-fault” refers to the fact that neither party is required to prove that the other party is at fault for the breakdown of the marriage. In other words, the parties do not need to provide a reason or “fault” for the divorce, such as infidelity or abuse.
This is in contrast to traditional “fault” based divorces, which were the norm in many states until the 1970s. In a fault-based divorce, one party had to prove that the other party was at fault for the breakdown of the marriage, such as by showing evidence of infidelity or abuse. The party found to be at fault would often be at a disadvantage in terms of the division of assets and custody of children.
No-fault divorce laws were introduced as a way to streamline the divorce process and reduce the need for couples to air their dirty laundry in court publicly. Under no-fault divorce laws, either party can initiate a divorce without having to prove that the other party’s at fault. This means that couples can get a divorce simply by stating that their marriage has irretrievably broken down, and they are unable to reconcile.
All states have some form of no-fault divorce laws, although the specific requirements vary from state to state. In some states, parties may be required to live apart for a certain period of time before they can file for a no-fault divorce. In other states, couples may be required to attend mediation or counseling before they can file for a no-fault divorce.
It’s worth noting that no-fault divorce laws do not eliminate the possibility of fault being considered in a divorce. In some cases, the fault may still be a factor in the division of assets and custody of children, even in a no-fault divorce. For example, if one party has committed financial misconduct or abused the other party, a judge may consider these factors in the divorce settlement.
In conclusion, an online divorce is sometimes called a no-fault divorce because neither party is required to prove that the other party is at fault for the breakdown of the marriage. No-fault divorce laws were introduced as a way to streamline the divorce process and reduce the need for couples to publicly air their disputes in court. While fault may still be considered in some cases, no-fault divorce laws allow couples to get a divorce simply by stating that their marriage has irretrievably broken down, and they are unable to reconcile.
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!