No fault divorce is a well known term in our modern day society. This has, however, not always been the case. Did you know that just over 40 years ago there was no such legal form of divorce anywhere in the US? Yes, that is an absolutely true statement. Hard to believe but true.

California was the first state in the United States to pass no fault divorce in 1970 and the rest of the states followed suit in their own sweet time. And New York was the final state to make it law just last year. A 40 year time span but it’s now accepted throughout the US.

Before the advent of the no fault divorce, couples had to come up with a legal reason that put one spouse at fault for the destruction of their marriage. A legal reason that would be acceptable to the court system.

Difficulty Ending Unhappy Marriages

Divorce laws before the concept of no fault came along made it much more difficult for couples to end a bad marriage and move on with their lives. And they were required to publicly display the details of their troubles in court. They had to actually convince the court that what they went through was bad enough for the court to grant a divorce decree. A situation that many refused to face even if it meant staying in an unhappy marriage.

There are people that believe no fault divorce is now responsible for the huge increase of divorces not only in the US but in other parts of the world as well. And has caused many families to be torn apart for no logical reason at all, destroying the fabric of our society.  The counter opinion is that it has allowed many unhappy couples to escape their misery and form happier families with more compatible partners. And doing so is much healthier in the long run for all involved even the children. The truth most likely lies somewhere in the middle of these two extremes of thinking.

No Fault Divorce Helps Lessen the Impact

Besides this debate about the effects on our society, we all know that divorce is the most difficult and traumatic experience many people ever experience, especially at the end of a difficult and unpleasant marriage. So why would anyone want to make this tough process any harder than it must be?

This is the entire concept behind the no-fault divorce legislation. There is no need to place blame or make allegations about your spouse’s behavior. Couples no longer have to public state the whys or hows behind what the other party did in the marriage to make them responsible for the fact that the marriage is now dissolving.

No Fault In Legal Terms

When it comes to any relationship, it always takes two to tango, so to speak. The fault for the destruction of the union usually lies with both in some shape or form, even if not visibly seen from the outside looking in. This same concept goes for many of the decisions when it comes to divorce. When a marriage is in trouble, both partners play their own role in contributing to the downfall.

As far as legal terms go, a no-fault divorce means that the filing of the divorce papers which is being made in a court of law goes uncontested by the other party. The couple, that has spent a good part of their marriage, at least toward the end of it, arguing about everything imaginable, now agree to throw in the towel and call it quits once and for all.