Define a No Fault Divorce

No-fault divorce eliminates assignment of blame between spouses.

Spouses thinking about divorce may be able to choose between no-fault and fault divorce grounds, depending on the laws of their state. No-fault divorce eliminates the requirement for one spouse to assign blame to the other spouse for the end of their marriage. To understand the significance of no-fault divorce, individuals may also look at the history of divorce laws in the United States.

Significance

The American Academy of Matrimonial Lawyers explains that no-fault divorce allows a couple to divorce without proving that one of the spouses caused the end of the marriage by engaging in misconduct. In contrast, fault divorce involves identifying grounds for divorce such as adultery, cruel and inhumane treatment, abandonment and other reasons, depending on the divorce laws of the state.

History

No-fault divorce has only recently become law in many U.S. states. The earliest U.S. divorce laws, enacted by states in the late 18th century, only permitted divorce if at least one of spouses could prove one of the enumerated grounds for divorce and show that divorce resulted from the other spouse's guilt. In the 19th century, states began to expand the available divorce grounds to include additional types of misconduct. California enacted the first American no-fault divorce law in 1969, followed by other states in the next decades. In 2010, the New York State legislature debated enactment of a law that would allow no-fault divorce. New York State became the last U.S. state to enact a form of no-fault divorce.

Current Laws

Every U.S. state currently permits a version of no-fault divorce. Some states define no-fault divorce as a "marital breakdown." Other states use the definition of "irretrievable breakdown." Depending on the state, no-fault divorce may be a couple's only option when filing for divorce. Some states, however, have kept fault grounds as part of their current divorce laws and allow litigants to select from both fault and no-fault grounds.

Benefits

As neither spouse must prove the other spouse's guilt or misconduct, no-fault divorce may be less time-consuming because the spouses may be able to avoid a trial. Additionally, no-fault divorce means that the court can no longer punish the guilty spouse financially, such as by favoring the non-guilty spouse during property division or in an alimony award.

References

• American Academy of Matrimonial Lawyers: Glossary
• California Research Bureau, California State Library: State Grounds for Divorce
• "New York Times": Divorce, No-Fault Style
• New York State Unified Court System: Introduction: What You Need to Know Before Starting Your Divorce Action
• Philadelphia Courts: Divorce in Philadelphia County

Resources

• American Academy of Matrimonial Lawyers: Divorce Manual: A Client Handbook
• American Bar Association: ABA Guide to Family Law