What is a No Fault Divorce?

Published On: 24 January, 2022

No fault means the court will not punish a spouse for asking for a divorce or for causing the divorce. Divorce attorney Rock Rocheleau explains more.

“What is a no fault divorce?

A lot of people think a no fault divorce is the same as a default divorce. A default divorce is where your spouse doesn`t respond, and the court`s going to give you everything you ask.

A no fault divorce is just the general law, the general rule in all 50 states that you don`t need  to show why you want the divorce.

Back in the olden days, the sixties, the fifties, you had to show the court that your spouse was mentally ill, that your spouse abandoned you. You had  to show  fault that your spouse had an affair. Again, you had  to show fault to get the divorce. Otherwise, the court wouldn`t give you a divorce.

But around the seventies, that changed.

The court no longer wanted to hear evidence of fault. And so now all 50 states have said “Look , we don`t really care why you want to get a divorce.”. We`re calling this a no fault state.

Just plead that you no longer get along with your spouse and we`ll give you the divorce. And that is called a no fault divorce.”

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