The Ins and Outs of a No-Fault Divorce

A no-fault divorce for you and your partner means that you have decided jointly that your marriage is ready to come to an end. However, the dissolution is found to be on good terms because neither party has determined that the other has committed a breach of marital contract. In other words, neither partner has tried to or been able to prove that the other partner has participated in any wrong-doing, which in turn resulted in the divorce proceedings.

The History of the No-Fault Divorce

There was a time that the no-fault divorce did not exist. However, it was in 1970 that the state of California pushed for the change in this law. Prior to this change, the only way to dissolve the marriage was to show that one or both parties were in fact responsible for the dissolution. Infidelity, abandonment and felony were all acts proven to be reason enough to grant the divorce. But even with showing proof, the judge could determine that the marriage should not be dissolved, refusing to grant any type of legal separation. Of course, now dissolving the marriage is much easier – as long as no one asserts that their spouse caused the break-up.

Showing Proof to the Court

The best way to prove that you deserve a no-fault divorce is by stating a reason that your specific state recognizes. Of course, each state will have slightly different guidelines for approval; however each state does recognize some type of no-fault divorce. Typically, if the couple is willing to declare that they simply cannot get along, citing irreconcilable differences, incompatibility, or the like; this will be enough for the court to approve the dissolution. However, there are some states (ex. New York) that require that the couple live apart for several months or years in order to allow this reason to be recognized.

Pros and Cons of a No-Fault Divorce

A major pro of showing no fault is eliminating the burden of proving that one party or another was guilty of wrong-doing, especially if you’ve truly decided to simply part ways. However, couples in New York who may not want to bother with the time period they must wait in order to be granted their divorce. And others may want to be granted more in terms of marital property or alimony, which will likely not happen if both parties simply agree to part way peacefully. So for them, going the traditional route of proving fault helps them meet their needs in terms of dissolving the marriage, and showing no fault for them is in fact a con.

While finding another way to resolve your differences is the preferred way to handle the desire to separate, if you and your partner are thinking of filing for a no-fault divorce, you should seek an attorney in your area, or visit an online resource, for counseling and info on how to get started.

Can you get a no-fault divorce online? Find out here.

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