by Mj Ferruzza

Created on: January 02, 2009   Last Updated: January 11, 2009

It used to be that when a marriage was falling apart, one partner would have to cite grounds for a divorce or fault of the other partner. These faults could include such charges as adultery, physical cruelty or mental cruelty (abuse), marital desertion, sexual incapacity, prison incarceration, or a case of insanity stemming from mental or emotional problems. These accusations could only be denied in court which proved almost as costly as the alimony or support that followed.

Most of the country now follows a path to allow for either FAULT or NO FAULT divorces. The Fault divorce follows the steps and accusations listed above. It is used when one partner is denying the grounds for divorce or has some vested interest whether it be financial, parental, even life threatening or altering to the other partner.
A Fault divorce is costly, time consuming and can drag names and reputations with it. The NO FAULT is simpler, but can be just as costly without being as harrowing. Instead of deep rooted charges based on direct grounds, The No Fault divorce has a general coverall such as irreconcilable differences or just basic incompatibility. There is really no need for any burden of proof from either spouse. This type of divorce has been used as a way of filing for a divorce whether the other partner consents to it or not.
When it comes to whether both partners agree to a divorce leads to the CONTESTED and UNCONTESTED DIVORCE. The Uncontested divorce is easiest to explain. If one partner agrees to all requests from the other partner, than it is seen by the courts as uncontested. These requests would involve money and finances, possessions, debts, child support and custody issues, property, and in certain cases alimony. If both partners can not come to an agreement, the divorce is contested and becomes a costly venture to sort out the details of what either partner is willing to give or take.
When it comes to either a Contested or Uncontested there are really no winners or losers. The adage has always been if you could agree on everything you would still be married. The Uncontested divorce is for people who have already divided their lives and can make a clean split without much collateral damage in the process. It is a dream for most divorcing partners, but there are always obstacles when children, debt or finances are involved.
The easiest process for all divorce seekers are a SIMPLE or SIMPLIFIED DIVORCE. These usually do not go through courts and are signed off by a lawyer

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