No-fault divorce was introduced during the 1917 communist revolution in Russia, allowing people to end their marriages on the basis of irreconcilable differences. California was the first state to institute a no-fault divorce law in 1969, and by 1985 all US states allowed it. No-fault divorce means both spouses can end a marriage without a reason, but certain “guilt” issues may be factored into alimony or child support. A spouse can still sue an abusive spouse in court, and fault can play a role in determining child custody and alimony.
No-fault divorce is actually a concept introduced during the 1917 communist revolution in Russia. Instead of giving churches the right to govern the terms of when or how a divorce might occur, it has allowed people to end their marriages more quickly, simply on the basis of irreconcilable differences. This concept took much longer to catch on in other countries, especially the United States. California was the first state to institute a no-fault divorce law in 1969, but it wasn’t until 1985 that all US states allowed the concept, and it can be interpreted differently in different states. New Yorkers seeking a no-fault divorce do so by signing a separation agreement. They then have to wait a full year to proceed with the divorce.
In essence, a no-fault divorce means that both spouses can end a marriage, and in many cases there really doesn’t have to be a reason. The reason cited are irreconcilable differences, but that can mean pretty much anything from a spouse committing adultery to someone who simply decides they don’t want to get married. Where no fault divorce laws apply, it is virtually impossible to terminate a divorce, as both spouses can initiate divorce proceedings and obtain a divorce under those laws.
No-fault divorce also tends to mean, especially in joint estates, that a spouse’s bad deeds do not affect the 50/50 distribution of assets. Certain “guilt” issues may be factored into when it comes to considering alimony or child support. Courts can also grant emergency petitions for financial help before a divorce has taken place. The no fault law can significantly reduce the time needed to appear in court, as judges do not have to weigh the behavior of spouses in deciding whether to grant a divorce. Instead, when it’s not at fault, there’s little or no consideration of how or why a divorce is occurring.
This does not mean that a spouse cannot sue their spouse if the person has acted criminally. Even when a no-fault divorce takes place, a spouse may sue an abusive spouse in court, or may take the matter to criminal court and seek prosecution against the spouse. There can therefore be an unequal division of property after a divorce, if one spouse can claim and has proof of significant abuse.
Additionally, a judge may need to hear fault arguments when determining alimony or when determining child custody. So while a divorce can still be obtained for any reason, fault can play a large role in deciding who should parent the children and what alimony should be awarded based on the actions of one or both spouses.
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