What is “No Fault” Divorce?
Historically, most states had divorce statutes based on fault. However, in the 1970s and 1980s most states adopted “no fault” divorce statutes. In a no fault divorce, the fault of one spouse is not an issue. A divorce may be granted even over the objection of one of the spouses. It is enough that a marriage is considered irreconcilable by one or both of the spouses. In the past, the court had to make the determination that one of the parties was at fault and due to his or her actions there was an irretrievable breakdown of the marriage. In a no fault divorce, the courts determination is no longer necessary. Instead, the spouse who is filing for divorce must show that there has been a breakdown of the marriage and that there is no hope of reconciliation, not that one party has caused the breakdown due to his or her behavior or actions. Moreover, since one spouse is not legally “at fault” for the divorce proceeding, there are also no defenses in a no fault divorce action. No fault divorc
