The Difference Between a No-Fault and an Uncontested Divorce

The Difference Between a No-Fault and an Uncontested Divorce, divorce, family law, uncontested divorce, child custody, no-fault, Aurora child supportTo many people, the thought of a divorce conjures up images of nasty courtroom battles, accusations of wrongdoing, and drawn out negotiations over the division of marital assets. While lingering acrimony might not be avoided completely, use of No Fault or Uncontested divorce options provide an opportunity to avoid some of the unpleasantness that often accompanies the end of a marriage.

To understand the benefits of each, it is important to know how the state defines each term.

  • An “uncontested divorce” results when both parties are in full agreement of all the terms related to the divorce including, but not limited to alimony, child support, child custody, visitation, and division of property.
  • A “no fault divorce” is a decree of divorce issued when neither party admits to marital misconduct. This is frequently referred to “irreconcilable differences.”

Basic Elements of No Fault and Uncontested Divorces

Prior to the state of Illinois enacting provisions for the no fault divorce, the spouse filing for the divorce was required to prove marital misconduct by the other on at least one of 11 grounds for divorce. Issues such as adultery, cruelty or abandonment frequently resulted in ugly court battles. Listed below are some essentials of both the no fault and uncontested divorce options.

  • A no fault divorce avoids the placement of blame.
  • A no fault divorce merely indicates the marriage is broken beyond repair, and there is no hope for reconciliation.
  • An uncontested divorce usually is a less expensive option.
  • An uncontested divorce generally requires only a single visit to court, at which time a Family Law judge approves the settlement and issued a final decree of divorce.
  • Uncontested, no fault divorces move forward to a final resolution most quickly and at less expense.
  • Employing both options may also allow both parties to avoid the physical, emotional and mental strain of a divorce.

By no means is any of this to indicate that going through a no fault or uncontested divorce will be devoid of stress. Issues such as child custody, support,  visitation and alimony are emotionally charged by nature. The help of an experienced divorce attorney can help reduce some of the anxiety.

Meet with a Knowledgeable DuPage County Divorce Lawyer

Regardless of the circumstances surrounding your impending divorce, it is important to understand the various options available when preparing to end your marriage. The assistance of an experienced and compassionate Aurora divorce attorney can make all the difference when a final decree of divorce is issued. At The Law Offices of Matthew M. William, P.C. a professional team of attorneys and support staff work to deliver a favorable outcome on your behalf.



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