What Would an End of No-Fault Divorce Look Like?

Currently, all 50 states recognize no-fault divorce as a viable option for couples to dissolve their marriages. However, several states and legislators have proposed changes that would limit or prohibit no-fault divorces, moving toward a system that would require a spouse to prove fault or wrongdoing as a basis for divorce. What would an end of no-fault divorce look like?

What is No-Fault Divorce?

First, it’s important to understand what we mean when we talk about “no-fault” divorce. As the name suggests, no-fault divorce means that neither spouse needs to prove any sort of fault or misconduct, such as adultery, cruelty, abandonment, abuse, etc., as a basis for seeking divorce and can instead cite “irreconcilable differences.” The advantages of no-fault divorce usually include reduced conflict and strain between former spouses, which leads to quicker resolution and greater opportunities for cooperative co-parenting. In addition, both parties are better able to maintain their privacy and dignity throughout a stressful and emotional legal process.

Legal Implications of Ending No-Fault Divorce

To understand the legal implications of ending no-fault divorce, we can look at the legal landscape prior to the establishment of no-fault divorce laws. Generally speaking, obtaining a divorce was significantly more challenging, especially for women. 

As in the past, courts would likely require one spouse to prove fault, such as:

• Infidelity
• Physical or emotional abuse or neglect
• Abandonment
• Criminal conviction
• Substance abuse

The requirement to prove fault often led to contentious, drawn-out legal battles that were time-consuming, costly, and potentially embarrassing for both sides. Some couples even resorted to making up evidence in order to meet the legal requirements of proof.

Failure to establish fault could lead to the denial of the divorce.

Social Implications of Ending No-Fault Divorce

Given the stricter legal requirements noted above, the end of no-fault divorce would also likely have a significant social impact. Women’s groups in particular worry that returning to a fault-based divorce system will force many people to stay in abusive marriages because they will be unable, or reluctant, to produce evidence of abuse.

Other people might choose to stay in unhappy marriages rather than publicly air their private issues. In these cases, the mental and emotional wellbeing of both parties, as well as any children involved, would be negatively affected.

Even successful divorces would probably carry an increased social stigma, since the “fault” established would be equated with moral wrongdoing.

Practical Implications 

The requirement to establish fault would necessarily have practical implications, including more expensive divorces and a slower, more congested legal system. Spouses would need to gather evidence that could be presented in court, which could be costly as well as emotionally draining. An increased financial burden of hiring lawyers would make divorce difficult for lower-income families. “Fault” could unduly influence child custody or visitation rights as well as division of assets since the “at-fault” spouse might be denied custody or visitation or receive reduced spousal support or marital assets.

Need Help With Your Divorce?

If you are considering divorce for any reason, it helps to have experienced legal professionals on your side. The family law firm group at Lonich Patton Ehrlich Policastri (LPEP Law)  has over 100 years of combined litigation experience to walk you through the process and seek out the best possible outcome. Call us today to schedule a free, no-obligation consultation to discuss your case and go over all your options.

 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.