If you and your spouse are on the verge of ending your marriage, you might have questions about divorce. Many spouses who are preparing for divorce have questions, and the best way to get answers is to visit a divorce lawyer. When you visit a lawyer, you can ask him or her if a no-fault divorce means the same things as a no-contest divorce. When you hear the answer, you might be surprised to find out that these terms have very different meanings.
No-Fault vs. Fault Divorce
Every state has rules relating to divorces, and one of the regulations dictates who can get a divorce. If you live in a fault state, it means that you can request a faster divorce based on a specific, legal reason. There must be grounds for you to make this request. For example, you might have legal grounds if your spouse committed adultery. Other legal reasons include abuse, abandonment, and impotence. If you live in a state that allows fault divorces, you will need to make sure your reason is a legal reason outlined by your state.
All states have no-fault divorce rules, which means you do not need a specific reason to get a divorce. You do not need grounds. You can request a divorce for any reason, whether it is a good one or a bad one.
Contested vs. Uncontested Divorce
The second term you might wonder about is a contested divorce versus an uncontested divorce. These terms have nothing to do with fault versus no-fault divorces. Instead, these terms refer to the way you settle your divorce case. If you and your spouse agree on everything, you can have an uncontested divorce. Your divorce will be easy to settle, as you both agree on all the issues you must separate and divide.
A contested divorce, on the other hand, is a situation where two spouses cannot agree. They cannot agree on how to split their assets or debts. They may fight over who gets custody of the kids. They may have arguments about every issue they need to settle. A contested divorce takes longer to go through and is more difficult on the spouses involved, the children, and the lawyers.
Now that you understand what these terms mean, you can determine how to proceed with your divorce. Talk to a divorce lawyer in your area if you have questions about the process.
