No Fault Divorce Definition


Since the year 1960, the no fault divorce has earned popularity among divorce seeking couples. The no fault divorce definition implies that none of the spouses have to prove the other to have indulged in marital misconduct or ‘fault’ that has lead to the innocent to seek for the legal separation. In fact, the whole process requires minimum financial resources. The division of the property in favor of the innocent spouse on proven marital misconduct does not exist in the procedure of the no fault divorce. Almost all the states of US has made the provision of the no fault divorce legally effective except few states like the Illinois and South Dakota.

The no fault divorce definition has given rise to many arguments for and against the provision. The following are the arguments that are generally spoken against the no fault form of separation.

• Though it is implied that both the parties in the process have to come to the agreement to get divorce but 80% of the divorce cases have been found to be unilateral. In most cases one of the parties is not willing to end up the marital relationship but the laws of the no fault divorce are actually barring the individual to take steps to guard the bonding.
• The law has actually transferred more powers in the hands of family court judges for making decisions on custody, division of marital assets and properties and spousal support.
• The fathers often have to give up their pursuit to attain the child custody as under the laws of no fault divorce it is quite difficult to prove the mothers to be unfit of taking care of children.
• This simple procedure of divorce has actually led to an increase in the rate of divorce and as a result of which the value of the marital vows taken during the solemnization of the ceremony by the couple has lost its value.

The arguments in favor of the no fault divorce definition include that the laws provide equal opportunities to both the spouses to seek the divorce without involving any abusive marital terms and allow the marriage to be terminated easily. Reports say that the rate of domestic violence has come down in the states that have made the laws effective. The financial settlements rather seem to be unbiased and are done entirely on the basis of the need of the recipient spouse, the ability to pay by the payer spouse and the contribution made by each of the spouses on the total family income accrued. The no fault divorce is announced on the grounds of incompatibility or irreconcilable differences stated by the couple.