No-Fault Divorces Explained - What Does a No-Fault Divorce Mean?

If you have heard the phrase “no-fault divorce” before but aren’t quite sure what it means, this is the article for you. In this post, we will provide you with a clear definition of what a no-fault divorce means, explain how they work, give a little bit of history on how they came to be, and outline the situations in which the term would apply.

What Is a No-Fault Divorce?

A no-fault divorce is a type of divorce that allows a couple to end their marriage without assigning blame to either spouse, and without having to prove fault. The introduction of the no-fault divorce was a key development in the history of marriage and divorce law for a few key reasons, which we’ll explore below.

While the exact terminology may differ from state to state, the general concept is that there are irreconcilable differences in the marriage that mean it must come to an end and be formally dissolved, despite neither spouse being specifically to blame.

Previously, a couple had to provide an acceptable reason to end their marriage and for the divorce decree to be certified by the court. Acceptable reasons would be something like infidelity and/or abuse, and generally such reasons would blame one spouse for the dissolution of the marriage.

Before the first no-fault divorce was passed in California back in 1970, couples who grew apart and were ready to end their marriage, but were otherwise amicable, had limited options when it came to ending their marriage without assigning blame. Ultimately, this could result in couples staying legally married for significantly longer than they otherwise would, potentially opting for a legal separation instead (read our guide to divorces vs legal separations here (*add internal link to legal separation vs divorce article once live)) despite this not being the best long-term solution for their particular circumstance.

The History of the No-Fault Divorce

Despite the first no-fault divorce being passed in America (in California) as recently as 1970, after governor Ronald Reagan signed the Family Law Act in 1969, there were documented no-fault divorce cases elsewhere in the globe well before then.

For example, King Frederick the Great of Prussia allowed divorces to take place on the grounds of serious and continuous hostility between spouses without one of them needing to be attributed blame as far back as 1757. 

Furthermore, in 1917 Russia introduced the first modern no-fault divorce law which gave the state courts more control over the divorce process (taking it away from the Orthodox Church in the process) and since then gradually other countries have started to adopt their own no-fault divorce laws.

How No-Fault Divorces Work

The no-fault divorce process is much the same as the process for any other type of divorce, the key difference being when the divorce is first being filed, ‘no-fault’ should be selected as the reason for the divorce.

The non-petitioning party in the divorce cannot contest the grounds of the divorce when no-fault is selected, and proof of the grounds for the divorce are not required in such circumstances either.

That being said, in some states and cases the type of divorce can influence and impact things like the division of debts and assets, child custody, and spousal support arrangements. As you would expect in any other divorce case, a divorce settlement or judgment by the court will determine outcomes in each of these key areas.

No-Fault Divorces Vs Uncontested Divorces

Many people mistakenly believe that no-fault divorces and uncontested ones are the same thing, when in reality they are quite different concepts.

While the fault aspect of a no-fault divorce relates to the reason provided for the end of the marriage, the uncontested element in an uncontested divorce simply refers to whether the respondent agrees to everything in the divorce petition (or not).

An uncontested divorce is likely to move quickly, and a trial may not even be needed since all of the petitioning spouse’s requests are being agreed to. A no-fault divorce, on the other hand, can take longer and still involve a trial if the details of the separation agreement cannot be determined privately via a settlement.

No-Fault Divorces Vs At-Fault Ones

As you might expect from the name, an at-fault divorce is pretty much the opposite of a no-fault one.

In an at-fault divorce one spouse is being attributed blame and their actions are said to have caused an irreconcilable breakdown in the marriage.

The at-fault divorce could prove more expensive than a no-fault one as well, since additional costs could be incurred in trying to prove and evidence fault. If an attorney is required to help do this then the total cost of the divorce can increase even further.

This isn’t to say though that all no-fault divorces are cheap. As we mentioned above, even in a no-fault divorce a trial may be needed which will result in additional costs, and some individuals still choose to hire a divorce attorney when filing for a no-fault divorce.

While no-fault divorces are the right fit for many couples seeking to part ways amicably and move on with their lives, they aren’t without criticism. Some people argue that no-fault divorces make it easier for couples to end their marriage, which many would then also suggest can have negative repercussions on any children shared by the divorcing spouses.

Conclusion

By this point you should have a better understanding of what a no-fault divorce is, how one works, and why some couples see them as the right fit for their divorce.

If you are looking for other insightful articles and would like more support and guidance on all things related to divorce and family law, be sure to download the splitup app and explore all that we have to offer.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Divorce laws vary by state. For guidance on your specific situation, consult a licensed family law attorney.