Divorce Guide

Divorce Guide

No Fault Divorce Definition

No fault divorce definition: refers to obtaining of divorce by a spouse from the other without having to prove in the court of law that the latter has committed an act of felony or adultery or abandonment etc. Thus, divorce can be obtained if a spouse states a reason for divorce ranging from “incompatibility”, “irreconcilable differences” etc.

No fault grounds for divorce is now applicable all over USA since, it was passed as an Act in the Family Law in the state of California in 1969. However, in some states of USA, the couple is granted divorce on the condition that they must be separated for a stipulated period of time.

No fault and fault divorce

Compared to no fault divorce, “fault” ground of divorce grants divorce on the grounds of a fault as proven in the court of law that the following acts have been indulges by the spouse:
  • Cruelty (emotional/physical pain)
  • Adultery
  • Desertion for some amount of time.
  • Not allowing sexual intimacy (if there was a prior information regarding this mater, before the marriage, this is not a ground for divorce)
“No fault” versus “fault” divorce

No fault divorce laws came into existence because of the absurdity in the “fault” ground for divorce. Often, spouses who wanted to get the divorce would pretend or create “legal fiction” that the other spouse had faulted by “arranging” an adulterous situation and the other spouse “catching” them in the “act”. Moreover, both the spouses wanted to get the divorce and were not willing to wait for a considerable period of time as stipulated in the “desertion” clause.

No fault divorce; its merits and demerits

Undoubtedly, with the law of No-fault grounds for divorce, divorce has speedened up, but the entire sanctity of the marriage as an institution has lost its essence. In most of the cases, one party is more eager for the divorce and hence, the other party doesn’t get a chance to attempt to save the marriage. At the same time, no fault divorce has reduced the incidence of domestic violence which was prevalent earlier because of frustration of not having a chance to end the marriage without a concrete proof! Children avoid witnessing the violent scenes and turmoil as a result of no-fault laws for divorce. Spouses are sure to have an easy and a less messy divorce by simply stating the reason why they wish to end the marriage.

It is to be noted that if one party is interested in divorce and the other spouse is not, then this is also considered as a major reason of “irreconciliation” and the court would overrule the objection of the defendant spouse, granting divorce!

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