What is a No-Fault divorce? - No-Fault divorce has been around about 40 years now.  In short, it means that a married couple can end their marriage for any reason or no reason at all so long as one of them is prepared to recite the incantation under oath, "my spouse and I have become incompatible with one another to such degree that our marriage is irretrievably broken and cannot be preserved."  (In fact, the client needn't say it all.  The lawyer will ask it as a question, and the magic answer is, "yes.")

Once upon a time, this wasn't the way it was done.  Have you ever watched an old movie where a man is with his lover, and he laments, "my wife will never give me a divorce?"  What he's talking about is the predecessor to No-Fault divorce.  In the case of the movie, the wife must have been a faithful and good wife.  She would then be "innocent" and may seek a divorce if she chose.  The Husband, being an adulterer, could not ask for a divorce.  If both husband and wife had extramarital lovers, neither was entitled to a divorce.

Other grounds besides adultery were:  abandonment, non-support, mental cruelty and criminality.  Later, physical cruelty was added!  It was public policy that the sanctity of marriage should not be disturbed by the state.  That marriages, even bad ones, were crucial to societal stability, rearing children and the financial protection of women.

Whether one agrees or not it was decided politically that the old policy was wrong.  Leaving children to be raised in a dysfunctional family was more harm than good.  Women were more readily accepted in the workforce and could support themselves.  Men could provide for their children through child support mechanisms.  Therefore rules were relaxed and the modern No-Fault divorce was introduced and likely here for as long as marriage itself remains a part of our Constitutional Republic.

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