Why No Fault Divorce?
Legislators viewed burden of proof to be too heavy for divorcing people; particularly on women, who simply didn’t have the resources or means to prove that their husband was at-fault for the broken marriage. No-fault divorce was therefore created to alleviate this burden, and create a more civil, humane, practical and accessible divorce process. While financial, custodial and other issues would still remain in the hands of the court (unless a negotiated settlement between spouses was reached), a unilateral claim of “irreconcilable differences” was sufficient to end a marriage.
