Does Divorce Require Both Parties To Agree

Have you recently found yourself thinking about divorce and are concerned about whether or not a divorce requires both parties to agree?

The answer to this question is simple, in the U.S., divorce does not require both parties to agree to it for it to be approved.

This article will review the two common types of divorces, how they differ, and other important information you should be aware of about divorce in the U.S.

However, it is essential to note that most states have their own guidelines, rules, and timeframes for divorce. So it's crucial to know exactly what they are for the state you plan to file for divorce in and how it will affect your divorce proceedings.

So now let's cover the two types of divorces in the U.S.

Types of Divorce

In the U.S., the two types of divorces are fault and no-fault. These types of divorces have distinct advantages and disadvantages, which this article will cover for your convenience.

A divorce will be marked as contested or uncontested, depending on the opposing party's stance and whether both parties agree with the terms. Whether the divorce is at-fault or no-fault divorce doesn't matter in this regard.

However, if the divorce is no-fault and the opposing party contests it, it doesn't mean the divorce can be prevented.

Fault Divorce

An at-fault divorce occurs when a divorce is filed claiming that one party is responsible for the end of the marriage the divorce.

No-Fault Divorce

A no-fault divorce occurs when a divorce is filed claiming that no party is responsible for the end of the marriage the divorce.

Contested Divorce

If the opposing party does challenge the divorce, it will become a contested divorce. Additionally, if either party doesn't agree with the divorce terms, the divorce will become contested.

Uncontested Divorce

If the opposing party doesn't challenge the divorce and both parties agree with the terms of the divorce, then the divorce will be uncontested.

No-Fault Divorce Advantages and Disadvantages

When you file an at-fault divorce, you are claiming that neither party is at fault for the failure of the marriage, but it is still beyond repair.

No-Fault Divorce Advantages

When it comes to a no-fault divorce, you should be aware of some crucial advantages before proceeding. The three most significant advantages are listed below for your convenience.

Mutual Agreement Not Required

The most significant advantage of a no-fault divorce is that even if one party contests it, it can't be stopped because no one is considered at fault.

Less Time

A no-fault divorce is less likely to be disputed and, as such, is typically finalized quicker.

Less Cost

A no-fault divorce is less likely to be disputed and, as such, is typically finalized without the need to incur attorney or legal fees.

No-Fault Divorce Disadvantages

When it comes to a no-fault divorce, you should be aware of some crucial disadvantages before proceeding. The most significant disadvantage is listed below for your convenience.

Misuse

The most significant disadvantage of a no-fault divorce is that because no proof of fault is required, a resentful spouse could misuse it as payback or revenge for perceived wrongdoings by their spouse.

At-Fault Divorce Advantages and Disadvantages

When you file an at-fault divorce, you are claiming that the opposing party is at fault for the failure of the marriage, and so it is beyond repair.

At-Fault Divorce Advantages

When it comes to an at-fault divorce, you should be aware of some crucial disadvantages before proceeding. The most significant advantage is listed below for your convenience.

Better Outcome

Because an at-fault divorce requires proof of the opposing party's shortcomings, it will make it easier for the one filing the divorce to claim or gain a more favorable outcome from the divorce than a no-fault divorce.

A better outcome includes but is not limited to a full or a more favorable financial and/or custody agreement.

At-Fault Divorce Disadvantages

When it comes to an at-fault divorce, you should be aware of some crucial disadvantages before proceeding. The three most significant disadvantages are listed below for your convenience.

Proof Required

When you file an at-fault divorce and select a reason that the opposing party is at-fault for the divorce, you must provide proof of the reason.

More Time

An at-fault divorce will take longer than a no-fault divorce because it's more likely to be contested, which can cause lengthier proceedings.

More Cost

An at-fault divorce will cost more money than a no-fault divorce because it's more likely to be contested, which can cause increased attorney and legal fees.

7 Possible Reasons for an At-Fault Divorce

When filing an at-fault divorce, there are typically seven reasons or grounds for an at-fault divorce.

However, it's important to note that not all states accept or have all seven grounds when filing an at-fault divorce because each state manages divorces through its own methods.

The seven reasons for an at-fault divorce are listed below for your convenience.

• Adultery
• Gross and confirmed habits of intoxication
• Desertion
• Cruel and abusive treatment
• Impotence
• Non-support
• An extensive prison sentence

The Easiest States To Get a Divorce In

It may seem strange to say that some states are easier to get a divorce in, but that is the case. Whether a state is easier or harder to get a divorce is because each state, in one way or another, manages its divorce cases in different ways. Below are the top five states that are easier to get a divorce in and why.

Alaska

Alaska has a minimum processing time of 30 days for divorce, and it costs $150 to file for a divorce.

New Hampshire

New Hampshire has no minimum processing time for a divorce, but it costs $250 to file a divorce without children and $252 to file a divorce with children.

Wyoming

Wyoming has a minimum processing time of 80 days for divorce, and it costs $70 to file for a divorce.

South Dakota

South Dakota has a minimum processing time of 60 days for a divorce, and it costs $95 to file for a divorce.

Idaho

Idaho has a minimum processing time of 20 days for divorce, and it costs $207 to file for a divorce.

The Hardest States To Get a Divorce In

Yes, it's possible to have a more challenging time getting a divorce in one state over another. When it comes to divorces, the rules, guidelines, and timeframes in each state differ, meaning it's more complicated or more time-consuming to get a divorce in one versus another.

Below are the top five states that are harder to get a divorce in and why.

Arkansas

Arkansas requires 18 months of separation before you can even finalize a divorce; any cohabitation during those 18 months resets the separation period.

South Carolina

South Carolina requires 12 months of separation before you can even file for a divorce.

Vermont

Vermont takes up to 450 days for a divorce to finalize, during which you must live separately for six months, and it costs $295 to file for a regular divorce.

Rhode Island

Rhode Island takes up to 90 days for a divorce to finalize, and it costs $160 to file for a divorce. However, the courts can impose a lengthy waiting time and sometimes require six months of separation before finalizing a divorce.

California

California takes up to 360 days for a divorce to finalize, and it costs $350 to file for a divorce.

Main Takeaways

Now that you've finished this article, you better understand whether a divorce requires both parties to agree to it for it to be approved.

In addition, you've learned about the two types of divorces in the U.S., a fault and no-fault divorce.

Furthermore, you've learned about the advantages and disadvantages of each type of divorce, what states are the easiest and hardest to get a divorce, and what it means when a divorce is contested or uncontested.

In conclusion, if you're hoping to file and get a divorce without needing both parties to agree, then a no-fault divorce is best for you because even if the opposing party contests, a no-fault divorce can't be stopped. Best of luck!