Question: “What is a no-fault divorce, and how is this different from a regular divorce?”
You may have heard the term “no fault divorce” before. It seems that most couples who are facing divorce have this term as the “reason” for the divorce. Why?
In order to begin divorce proceedings, one member of the marriage must file for divorce. Eventually, if the couple wants to go forward with the divorce, the case will go before a judge who will decide if the divorce will be granted.
The spouse who files for divorce must state a reason for desiring a divorce. Previous to 1970, when the first no fault divorce act went into place in California, one spouse had to be considered at fault in the marriage. Examples of this fault could include adultery, abandonment, felony, cruelty and other reasons that weren’t seen as compatible with marriage. The filing spouse had to prove that these reasons were true.
With a no fault divorce, the burden of proving fault is gone. It also makes it harder for the other spouse to contest the divorce, even if he or she wants to remain married. In most cases, the divorce will be granted after a period of time regardless of protest. It limits the potential protest of the non filing spouse.
No fault divorce statutes came about, it seems, because many divorcing spouses would claim “cruelty” when there was none, or invent false faults in order to get around the divorce laws at that time. Lawyers would even advise couples who mutually wanted to divorce to stage adultery in order to obtain evidence for a divorce case. Penury (or false testimony) became commonplace.
Critics of no fault divorce laws claim that they make it too easy for a couple to divorce, thus breaking down the state of marriage in the country.
In the United States, all of the states with the exception of one, New York, currently allow for a no-fault divorce. However, in the case of New York, if both spouses notarize a separation agreement and live apart for one year, a judge may convert that agreement into a legal divorce.
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