Is an uncontested divorce easier than a contested divorce?

When spouses file for divorce, they have the option of claiming a fault ground or a no-fault ground. Upon filing the paperwork with a fault ground, they may enter into a contested divorce. This may cause them to enter into litigation where they will have to go to a courtroom for a judge to make decisions for their marital issues. If a no-fault ground is claimed, the couple may enter into a contested divorce. This process may be considered easier since couples do not have to enter litigation. That means a judge will not be making decisions for them in relation to their marital issues. This may be seen as beneficial since the spouses will have more say over how their marital issues are resolved. An uncontested divorce requires couples to go through alternative dispute resolution. Mediation may be a good way for them to work through their issues. In mediation, they are encouraged to talk out their issues and make compromises with one another for their marital issues. They will have to arrange child custody arrangements to allow them time with the children and to provide for the children as well. These arrangements should be made with the child’s best interests in mind. Alimony and child support will need to be decided on as well. This involves the issue of money. This can be a difficult topic to talk about if one spouse has a higher earning than the other. However, in these situations, one spouse may be a dependent party. They may need the earnings of the other spouse to provide for them or for the children.

How is a no-fault ground stated?

Upon filing divorce papers, a no-fault ground can be stated as a reason for the divorce. Spouses can opt to choose this method instead of claiming a fault ground. For a no-fault ground, spouses can claim that there was an irretrievable breakdown of marriage. This does not place the blame on either spouse in the marriage. It simply claims that the marriage cannot be mended, which led to the decision to divorce one another. This may be used for couples are willing to work together to compromise or co-parent. It may be an easier way to get a divorce if the spouses are on good terms with one another.

If you require compassionate and knowledgeable legal guidance for a matter of divorce, family or estate law, please contact the experienced attorneys at the Law Offices of Cynthia L. Hanley today. Our firm proudly serves clients in Mansfield, Massachusetts and throughout Bristol County.