No-Fault, Simplified, And Uncontested Divorces: Understanding The Difference

Over the past several years, more and more states have begun offering couples the ability to file a variety of different divorce petitions. Until the introduction of these options, unhappy couples were only able to obtain a divorce if they were able to prove grounds for divorce via a traditional divorce petition. As a result, far too many people found themselves legally trapped in a marriage they no longer wanted. Thankfully, those days are now long gone. However, a problem still exists within this system. This is because far too many divorcing couples still fail to understand the different options they have available to them. Consequently, it can be difficult for these individuals to determine what type of divorce petition they should be filing. If you share in this problem, taking a moment to review the information below can help you to finally understand the different types of divorce that you can now seek and ultimately choose the one that is right for you.

No-Fault Divorces

No-fault divorce simply means that there is no need to cite grounds for divorce when filing a divorce petition. Instead, you will simply need to assert that your marriage is irretrievably broken, meaning that you are unwilling to reconcile with your spouse. A no-fault divorce can be a traditional or simplified divorce. A no-fault divorce can also be contested or uncontested. This is because the term no-fault only refers to the grounds for divorce, not the actual type of divorce petition you will be filing.

Simplified Divorce

A simplified divorce is designed to help people finalize their divorce as quickly as possible. In most cases, a simplified divorce can be finalized within a few weeks of filing your petition.

In order to file a simplified divorce petition, both spouses must agree upon the grounds for divorce or agree to a no-fault divorce. Both spouses will also need to agree to the terms of their divorce settlement, including how all marital property will be divided.

Currently, simplified divorces are only made available to couples who do not share any children. This is because issues of child custody and support cannot be handled as part of a simplified divorce case.

Uncontested Divorce

When filing either a traditional or a simplified divorce petition, your spouse will have the right to contest this petition if they so choose. In simple terms, this means that your spouse does not agree with the need for a divorce. If your spouse does agree with the need for divorce, this is known as an uncontested divorce.

While many people who file an uncontested divorce petition will ultimately choose to file a simplified petition, this will not be the case in all divorces. This is because while some spouses will agree upon the need for a divorce, they may not agree upon the terms of their divorce settlement. In these cases, the petitioner will need to file a traditional uncontested divorce rather than a simplified petition.

A Final Thought

Filing for divorce can be a complex and emotional process no matter what type of divorce petition you choose to file. This is why you should always consult with a qualified divorce lawyer before making any decision regarding your case. 

To learn more about your rights, contact an attorney at Ward & Ketchersid PA.