{"id":11417,"date":"2022-11-09T20:22:50","date_gmt":"2022-11-10T01:22:50","guid":{"rendered":"https:\/\/divorceanswers.com\/?p=11417"},"modified":"2022-11-09T20:22:51","modified_gmt":"2022-11-10T01:22:51","slug":"does-divorce-require-both-parties-to-agree","status":"publish","type":"post","link":"https:\/\/divorceanswers.com\/does-divorce-require-both-parties-to-agree\/","title":{"rendered":"Does Divorce Require Both Parties To Agree"},"content":{"rendered":"\n

Have you recently found yourself thinking about divorce and are concerned about whether or not a divorce requires both parties to agree? <\/p>\n\n\n\n

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<\/strong>. <\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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. <\/p>\n\n\n\n

So now let's cover the two types of divorces in the U.S.<\/p>\n\n\n\n

Types of Divorce<\/h2>\n\n\n\n

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

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. <\/p>\n\n\n\n

However, if the divorce is no-fault and the opposing party contests it, it doesn't mean the divorce can be prevented.<\/p>\n\n\n\n

Fault Divorce<\/h3>\n\n\n\n

An at-fault divorce occurs when a divorce is filed claiming that one party is responsible for the end of the marriage the divorce.<\/p>\n\n\n\n

No-Fault Divorce<\/h3>\n\n\n\n

A no-fault divorce occurs when a divorce is filed claiming that no party is responsible for the end of the marriage the divorce.<\/p>\n\n\n\n

Contested Divorce<\/h3>\n\n\n\n

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.<\/p>\n\n\n\n

Uncontested Divorce<\/h3>\n\n\n\n

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<\/a>.<\/p>\n\n\n\n

No-Fault Divorce Advantages and Disadvantages<\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

No-Fault Divorce Advantages<\/h3>\n\n\n\n

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.<\/p>\n\n\n\n

Mutual Agreement Not Required<\/h4>\n\n\n\n

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.<\/p>\n\n\n\n

Less Time<\/h4>\n\n\n\n

A no-fault divorce is less likely to be disputed and, as such, is typically finalized quicker.<\/p>\n\n\n\n

Less Cost<\/h4>\n\n\n\n

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.<\/p>\n\n\n\n

No-Fault Divorce Disadvantages<\/h3>\n\n\n\n

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.<\/p>\n\n\n\n

Misuse<\/h4>\n\n\n\n

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.<\/p>\n\n\n\n

At-Fault Divorce Advantages and Disadvantages<\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

At-Fault Divorce Advantages<\/h3>\n\n\n\n

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.<\/p>\n\n\n\n

Better Outcome<\/h4>\n\n\n\n

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. <\/p>\n\n\n\n

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

At-Fault Divorce Disadvantages<\/h3>\n\n\n\n

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.<\/p>\n\n\n\n

Proof Required<\/h4>\n\n\n\n

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.<\/p>\n\n\n\n

More Time<\/h4>\n\n\n\n

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.<\/p>\n\n\n\n

More Cost<\/h4>\n\n\n\n

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.<\/p>\n\n\n\n

7 Possible Reasons for an At-Fault Divorce<\/h2>\n\n\n\n

When filing an at-fault divorce, there are typically seven reasons or grounds<\/a> for an at-fault divorce. <\/p>\n\n\n\n

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. <\/p>\n\n\n\n

The seven reasons for an at-fault divorce are listed below for your convenience.<\/p>\n\n\n\n