Being clear-headed and making the right decisions during divorce can be challenging. Your emotions can cloud your judgment, and the pros and cons of your choices may blur into one. One of the tough decisions you must make is whether to file for a fault-based or no-fault divorce. Some people say choosing a no-fault divorce is better. But is it?
Pros of a no-fault divorce
The advantages of a no-fault divorce seem clear. It appears more manageable, faster and less expensive. The process is usually shorter because there is no need to prove fault. Shorter proceedings generally mean fewer expenses, but that may only sometimes be true. Even when the divorce becomes contested, a no-fault contested divorce may still be less expensive than a fault-based divorce.
In most instances, no-fault divorces also create less conflict for the family. The children are spared of the grisly details of their parents’ marriage breakdown.
Cons of a no-fault divorce
There are instances when a party might prefer to file a fault-based divorce. For one, if they pursue a no-fault divorce, the filing party may be conceding accountability for the other spouse’s wrongdoing. This could be material in contested proceedings that could influence child support and custody, among other divorce aspects.
Even supposing neither spouse contests the divorce, it may still be more suitable to file for a fault-based divorce, especially when requesting the court to issue a restraining order, alimony or child support payment order, instances when a record of fault may be essential.
Not as easy as it seems
No-fault divorces generally follow a straightforward procedure. However, filing it, taking care of all the forms and paying the fees can still be confusing, especially for someone going through the ordeal of divorce.
Seeking guidance from a legal counsel can help you deal with your emotional well-being while the case goes on. Your emotional and mental health is more important, especially during these trying times.