What Does “No Fault” Divorce Mean?

by | Jun 15, 2016 | Lawyer

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You hear about bitter divorces all the time. In court, people have to prove it was the other person’s fault that the marriage could not work. But what if there isn’t any underlying cause other than a complete lack of compatibility?

No One’s Fault

That’s what sets a no-fault divorce apart from other divorce cases. In this situation, spouses don’t have to prove it was the other party’s fault. Irreconcilable differences became enough of a reason to dissolve the marriage. “Irreparable breakdown of the marriage” is now also widely used.

History

It was in 1970, in the State of California, where the idea of a no-fault divorce first started, says the Huffington Post. In the past, one had to prove legal grounds to make a divorce possible. Adultery became one of the most cited reasons for divorce, along with mental instability or mental cruelty. However, all this simply resulted into more expenses for both parties, as well as force husbands and wives to resent the other person even more, setting the relationship on shakier ground and destroying any chance of a reconciliation, if not exactly of an amicable separation.

Past Problems

The difficulty discouraged quite a number of couples, forcing them to stay together in the marriage. Over time, though, the courts decided there was simply no sense to proving legal grounds existed in an unhappy marriage. This finally turned the tide and in 2010, no-fault divorces finally reached New York.

Getting Help

Getting a divorce can already be emotionally hard enough. By hiring a divorce lawyer, though, you won’t have to worry about dealing with a lot of the stress and hassle that divorce proceedings bring. With the help of the right lawyer, you can get this resolved as quickly and painlessly as possible, allowing you and the other party to move on that much sooner.