Should You Consider A No-Fault Divorce?

Many people involved with the divorce process want to know whether assigning fault to their ex-partner is a legally feasible or worthwhile option. In nearly all scenarios, a lawyer will tell you this is a bad idea. Fortunately, the American system offers a relatively simple process for ending a marriage, and a no-fault divorce attorney can guide you through it. Let's look at why this is likely to be the most desirable choice.

Your State Might Not Allow At-Fault Divorce

A sizable minority of U.S. states simply do not allow anyone to file an at-fault divorce. Similarly, there are few cases where, even when a state offers fault-based divorce, it's realistic for you to pursue it.

Fault is reserved for rare instances where misrepresentations or fraud occurred. Even then, it's often simpler to seek an annulment under those circumstances than to pursue a divorce.

Why Does Divorce Work This Way?

The fault-based system used to be the norm in all 50 states in America. However, the trend moved the other direction in the late 1960s and into the 1970s. California was the first state to allow you to seek a no-fault divorce, and others followed suit thereafter.

Why did this happen? Divorce in a purely fault-centric system is difficult. It's difficult to the point that some marriages can't legally end even if both partners want out. This occurs because there must be a finding of fault, and that's not always possible if someone didn't engage in abuse or adultery. Rather than trap people in marriages they didn't want to be in, the law moved toward not requiring fault.

One-Party Requests and Irreconcilable Differences

Either partner can consult with a no-fault divorce lawyer and start the process. Likewise, they only have to cite irreconcilable differences in their petition for divorce. This simply means that at least one of the two partners doesn't believe anything can be done to salvage the marriage.

Notably, one party can't prevent the divorce if the other insists on it. Unless there is a change of mind, the divorce will eventually go through. Some states have cooling-off periods, but these are usually a few months at most. After that, the divorce goes through.

No Profit in the Blame Game

There's rarely an upside in getting into blaming each other during the divorce process. The law largely uses formulas to calculate things like child and spousal support, so you almost certainly won't win anything monetarily by proving the other person was in the wrong.

To learn more, contact a no-fault divorce attorney.