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How Do a “No-Fault” and an “Uncontested” Divorce Differ?
Most people don’t realize this, but a “no-fault divorce” and an “uncontested divorce” are not the same thing – although they can overlap.
When you’re approaching a divorce, the best way to make informed decisions is to learn as much as you can about the processes associated with a marital breakup. Here are the basics you need to know:
A no-fault divorce = A way to end the marriage without blaming anybody
In the past, it was usually very difficult to get a divorce – and at least one party had to accept the responsibility for the marriage’s end. That has changed.
Every state now has some version of a “no-fault” divorce, and Florida is no exception. In fact, you can only obtain a divorce in this state if your spouse has been declared mentally incapacitated for at least three years or you allege that marriage is “irretrievably broken,” which puts the fault for the divorce on nobody’s shoulders.
An uncontested divorce = Ending the marriage by negotiated agreement
The no-fault divorce addresses the “why” of a divorce, but whether a divorce is contested or uncontested addresses the question of how a divorce will proceed.
Even though nobody has to carry the blame for the divorce, that doesn’t mean the divorce will be peaceful. Couples still have to settle a number of important issues, such as what constitutes marital assets and debts, how those assets and debts are to be divided. There may also be issues to consider with custody of the minor children, parenting plans and support for those minor children or a dependent spouse. If a couple can come to terms on all of these issues, the divorce can proceed “uncontested.” If one or more issues has to be litigated, that makes a divorce “contested.”
It’s always easier to anticipate and plan for the future when you have experienced legal guidance by your side. As you get closer to your divorce, discussing your options can help you stay on track.
CONTACT: Aislynn Thomas-McDonald
PHONE: (305) 503-0850
EMAIL: athomasmcdonald@kelleykronenberg.com
About Aislynn Thomas-McDonald and Kelley Kronenberg
Most people don’t realize this, but a “no-fault divorce” and an “uncontested divorce” are not the same thing – although they can overlap.
When you’re approaching a divorce, the best way to make informed decisions is to learn as much as you can about the processes associated with a marital breakup. Here are the basics you need to know:
A no-fault divorce = A way to end the marriage without blaming anybody
In the past, it was usually very difficult to get a divorce – and at least one party had to accept the responsibility for the marriage’s end. That has changed.
Every state now has some version of a “no-fault” divorce, and Florida is no exception. In fact, you can only obtain a divorce in this state if your spouse has been declared mentally incapacitated for at least three years or you allege that marriage is “irretrievably broken,” which puts the fault for the divorce on nobody’s shoulders.
An uncontested divorce = Ending the marriage by negotiated agreement
The no-fault divorce addresses the “why” of a divorce, but whether a divorce is contested or uncontested addresses the question of how a divorce will proceed.
Even though nobody has to carry the blame for the divorce, that doesn’t mean the divorce will be peaceful. Couples still have to settle a number of important issues, such as what constitutes marital assets and debts, how those assets and debts are to be divided. There may also be issues to consider with custody of the minor children, parenting plans and support for those minor children or a dependent spouse. If a couple can come to terms on all of these issues, the divorce can proceed “uncontested.” If one or more issues has to be litigated, that makes a divorce “contested.”
It’s always easier to anticipate and plan for the future when you have experienced legal guidance by your side. As you get closer to your divorce, discussing your options can help you stay on track.
CONTACT: Aislynn Thomas-McDonald
PHONE: (305) 503-0850
EMAIL: athomasmcdonald@kelleykronenberg.com