Can a No-Fault Divorce Be Contested?
If you’re getting divorced, it’s a good idea to understand all of your options, including no-fault divorce, a type of divorce offered in multiple states. A no-fault divorce is one where neither party is officially blamed for the breakdown of the marriage. The couple attributes the end of their relationship to “irreconcilable differences” or an “irretrievable breakdown of the marriage.”
Let’s explore whether a no-fault divorce can be contested.
Does no fault mean no one did anything wrong?
Unlike fault-ground divorces where one party has to prove misconduct (such as infidelity or abuse) by the other, no-fault divorces simply acknowledge that the marriage has broken down.
Even so, the answer to the question in this article’s title is yes. Although a no-fault divorce doesn’t place blame, there can still be disagreement. In other words, a no-fault divorce can be contested.
How can this be? Well, even if spouses aren’t pointing fingers at the cause of their break-up in their divorce petition, there can still be considerable contention when it comes to the distribution of marital property and debts, child custody, and alimony. These are significant issues that need to be negotiated and agreed upon by both parties, and they can be hotly disputed during the divorce proceedings.
In essence, the no-fault divorce takes away the element of blame from the divorce process, but it doesn’t mean the two people in question are harmonious over every aspect of their settlement agreement.
Read: Fault-Based Divorce vs. No-Fault Divorce: Understanding Both Options
Uncontested vs. contested divorce
An uncontested divorce is a divorce case in which spouses agree on all aspects of ending their marriage, including but not limited to the division of assets and debts, alimony, and child custody and support. This type of divorce is typically quicker and less costly than a contested divorce, as it avoids a drawn-out court battle.
A contested divorce is a divorce case in which the spouses cannot reach an agreement on one or more key issues required to conclusively terminate their marriage. For example, Sally and John may both want to keep the marital home, and because they can’t find a solution to this dilemma, they go to court over it. In court, a judge will make the final decision about ownership of Sally and John’s home. This contested process can be lengthy, emotionally challenging, and financially draining.
Examples of contested issues in a no-fault divorce
Even in a no-fault divorce, there can be numerous points of contention that make the divorce contested. Understanding these issues can equip you to navigate your divorce process effectively.
Debt and property division
One such issue is the division of assets and debts. This isn't always as straightforward as halving everything. Factors like the length of the marriage, each spouse's earning capacity, and the monetary and non-monetary contributions of each person can complicate matters. For example, Sally may argue that they should receive a greater share of the marital home because they contributed more toward its upkeep than John did.
Child custody and support
Child custody and support are other common areas of dispute. Deciding who the children will live with, how much time they'll spend with each parent, and how child-rearing expenses will be shared can all be emotionally charged issues. Disagreements may arise.
Suggested: Child Custody Mediation
Spousal support or maintenance
Alimony, also called spousal support or spousal maintenance, can also be a contentious issue. One spouse may believe they're entitled to more support given the lifestyle they had during the marriage or due to their lower earning capacity. The other spouse might contest this, believing the requested amount to be excessive.
In some cases, one spouse might feel pressured to accept a no-fault divorce even though they feel there was fault in the marriage breakdown. This emotional turmoil can further fuel disagreements.
Mediation as a solution
In complex divorce situations, mediation can be a helpful solution. Mediators work as neutral third parties to help couples navigate disagreements and reach mutually agreeable solutions.
Mediation is a less adversarial and often more cost-effective way to handle contested issues. When done right, it promotes cooperation and communication. If you’re interested in working with a certified hourly Hello Divorce mediator, click here to learn more.
At Hello Divorce, we also offer affordable online divorce plans and a host of other services. We invite you to schedule a free 15-minute call to learn more.
