There are two types of divorce – contested divorce or uncontested divorce. An uncontested divorce occurs when parties can reach agreement on important aspects of the divorce either through attorneys, a mediator or between themselves. Most divorces are completed in an uncontested manner although they may not begin that way. When the parties present a court with a fair and equitable agreement, it is very likely that a court will approve that agreement. If the parties can not come to an agreement then the court must decide the issues and the divorce proceeds as a contested divorce. Courts prefer that the parties reach agreement between themselves as the parties usually know what will best work for them. However, depending on the animosity between the parties and the issues, this is not always possible.
Uncontested Divorces Are Most Common
Uncontested divorces usually proceed on no fault grounds. No fault means that the marriage is irretrievably broken and the differences can not be resolved. This means that there is no realistic chance that the couple will reconcile. Therefore, an individual can obtain a “no-fault divorce” in Connecticut based solely on the status of the marriage. In a no fault divorce, you do not have to prove that the other party committed misconduct, such as emotionally or physically abusing you, committing adultery, or abandoning you. The level of proof is very low. With the advent of no fault divorce, it is a certainty that the divorce will be granted. In contrast, a fault divorce is a divorce based on misconduct, for example, adultery, abuse, or drunkenness. While fault grounds can be asserted, it is not common to do so today.
When proceeding with a no-fault divorce, fault may still be relevant when determining financial matters and the causes of the breakdown of the marriage can still be raised for the court’s consideration with respect to alimony, equitable distribution and custody. Fault is one of many statutory factors that the court will consider.
Family Law Issues Handled in Fairfield County
The Law Offices of Judith Goldberg may be able to assist you with the following legal issues: