People often get caught up between 'no fault' and 'uncontested'. Fault is the reason for the divorce. Before 2010, people often used abandonment, or adultery, or cruel and inhuman treatment as the
fault grounds, or reason for the divorce. Now, a divorce can be granted based upon a marriage being irretrievably broken. The uncontested divorce is where the parties agree on the division of assets, custody, child support and sign all necessary papers. Parties can agree to divorce (no fault) but get caught up in the division of assets which often delays the completion of the process. An experienced attorney can discuss all of your rights to help you make an informed decision on how best to proceed.
No fault simply means that the grounds for divorce can be "irretrievable breakdown of the marriage" and it is no longer necessary to show that the other spouse is the bad guy. Everything else is the same.
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No fault means you don't have to sling mud and kill each other over grounds (adultery, cruel and inhuman treatment, abandonment, prison for three or more years and living separate and apart pursuant to a separation agreement.
With no fault, you just file alleging an irretrievable breakdown of the marriage. No more mud slinging and killing.
Then comes custody and financials over which to sling mud and kill each other. So the process is not that simple. There's always a fight and it's always lengthy.
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Not quite that easy - but it can be quite easy if you both agree on all issues in which case you can file on the grounds of irretrievable breakdown of the marriage and be done with everything quite quickly.
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