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Five Benefits of a No-Fault Divorce


In the United States, there are two different schemes through which a couple can obtain a divorced. These are a fault divorce and a no-fault divorce. A fault divorce requires a person seeking to end a marriage to demonstrate some type of “wrongdoing” (like adultery). A no-fault divorce doesn’t require a demonstration of wrongdoing. Rather, a person seeking a no-fault divorce typically must demonstrate irreconcilable differences, that the parties can no longer successfully live together as husband and wife. There are five important benefits associated with a no-fault divorce:

  • Designed to make divorce less emotionally charged
  • Crafted to be a faster way to pursue divorce
  • Intended to reduce costs associated with divorce
  • Enhances prospects for better communication between parties
  • Causes less stress for children

Designed to Make Divorce Less Emotionally Charged

Even a divorce considered “uncontested” has its share of emotions. When the need to prove some sort of fault in order to end a marriage is required, the level of emotions associated with a divorce naturally are apt to amp up.

One of the more important benefits associated with a no-fault divorce is that this type of marriage dissolution case has a greater possibility to be less emotionally charged. Ramped up emotions in a divorce case oftentimes results in parties making decisions based on their passions rather than reflective deliberation. In the end, intelligent, reflective, less emotional decision making in a divorce proceeding is to the ultimate benefit of both spouses.

Crafted to be a Faster Way to Pursue Divorce

Another benefit associated with a no-fault divorce is that not having to cast blame usually permits marriage dissolution proceedings to move along at a faster pace. The bottom line is that no one really wants to divorce case to drag on and on. Even lawyers find extended divorce cases to be frustrating and even problematic.

Intended to Reduce Costs Associated with Divorce

Very, very few people enter a divorce case unconcerned about the expense of the process. Another benefit associated with no-fault divorce is that it can reduce the costs associated with ending a marriage. For example, because a no-fault divorce is likely to prove to be more efficient, a divorcing couple will spend less money on attorney fees. Other divorce related costs are likely to be reduced as well when the no-fault process is used.

Enhances Prospects for Better Communication Between Parties

A less emotionally charged divorce permits the parties to such a case the ability to have smoother communication with one another. Decent communication is particularly important when children are involved in the mix. Decent communication between divorcing or divorced spouses with children enhances their ability to effectively and productively so-parent, which advances the best interests of their children.

There are other benefits associated with improved communication beyond those associated with or connected to children. Improved communication allows for a less emotional, more efficient pathway to conclude a divorce case in the first instance. Improved communication also allows for easier problem solving when issues arise after the granting of a divorce decree. (Merely because a marriage has ended does not mean that some type of issue might arise at a future point in time, including in situations in which the parties do not have minor children.)

Causes Less Stress for Children

A primary reason why many states elected to develop no-fault divorce schemes in the first instance is the belief that this type of marital dissolution proceeding would prove to be less stressful for the children of a divorcing couple. When emotions between divorcing parents are kept in check, children typically can better navigate not only the process of their parents’ marriage ending but life after a decree is issued by a court as well.

30 years ago, no-fault divorce was becoming the common way in which divorces were conducted. This was after generations of fault divorces being the status quo in the United States. In more recent years, some states have deviated from the no-fault divorce model and began introducing legislation that once again permits fault divorce. Nonetheless, oftentimes the benefits of no-fault divorce prove more attractive than what is offered via a fault divorce. Thus, even in states that offer both fault and no-fault divorce, most people opt for the no-fault model. If you have any questions about a no-fault divorce in New Jersey, call the Law Offices of Peter Van Aulen at (201) 845-7400 for a free initial consultation.


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Peter Van Aulen is certified by the New Jersey Supreme Court as a Matrimonial Attorney.

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