Nobody gets married thinking that someday they will get a divorce. However, divorce is sometimes the only alternative to a difficult situation. And if you find yourself in need of a divorce, you can rest assured knowing that it's possible to obtain one quickly, easily, inexpensively and in many cases, more civilly and respectfully.
Definition
A married couple can obtain a no-fault divorce when neither spouse can fault the other for the ultimate breakdown of the marriage. The term most used to describe a mutual breakdown of a marriage is "irreconcilable differences." When both spouses agree that no amount of counseling or time can save the marriage, and that the marriage simply cannot be salvaged, a no-fault divorce is usually the outcome.
History
The no-fault divorce became prevalent when California instituted it in 1970 as an alternative to the at-fault system, which many people thought was unfair. Many states followed. Under the old system, one spouse was essentially forced to blame the other for some offense that led to the destruction of the marriage. Often times that process turned ugly, so the no-fault divorce was created as a more humane and amicable way for two people to obtain a divorce. As of 2010, New York is the only state in the U.S. that does not have a no-fault divorce option.
Time Frame
A no-fault divorce can take as little as two to three months, according to family law attorney, mediator and arbitrator Brian Don Levy, whose series of interviews appeared online at VideoJug. At-fault divorces, on the other hand, typically take much longer due to the fact that the parties must prove in court that a spouse has committed acts that led to the failure of the marriage. Often times in a no-fault divorce, the spouses never go to court at all.
Some states, however, have implemented a waiting period before a no-fault divorce can be granted. For example, in Pennsylvania, a couple must be separated for at least 90 days before a no-fault divorce can become final.
Benefits
The no-fault divorce has eliminated the need to blame a spouse for the failure of the marriage. Before the no-fault divorce, spouses would often be pitted against each other, and even resort to illegalities to make the other look bad. It's made the entire process less hostile and contentious for everyone involved.
Divorcing can be very expensive when lawyers are involved. A no-fault divorce can typically be done without lawyers, especially if there are no children involved. There are resources available online for people to download the necessary paperwork to complete and file on their own, saving hundreds and possibly thousands of dollars in legal fees. If both parties are amenable, a no-fault divorce can be fast, easy and inexpensive. There is no longer the need to hire private detectives or mental health professionals, for example, to prove that a spouse has been doing wrong.
Disadvantages
As it's easy for one party to up and leave the marriage, it's been argued that some fathers have no defense against a mother who leaves the family home and doesn't allow him to see his children. This can create a long custody battle in court, which can drag on for many months. It also leaves more power in the hands of judges to decide custody, and when no one is considered at fault, custody decisions become more objective.
It's also been argued that making divorce easy has lessened the sanctity of marriage vows, and the overall institution of marriage. It's fast, and a couple can get a divorce for as little as $200.
Statistics
In a 2000 Harvard University Study, titled "Effects of Divorce Laws on Suicide and Intimate Homicide," Betsey Stevenson and Justin Wolfers found that during the first 20 years of no-fault divorces, there was a 20 percent drop in the number of female suicides, and also decline in spousal homicides and domestic violence. A no-fault divorce makes it easier for an abused man or woman to leave the marriage.
According to Nation Master, a website that specializes in tracking world statistics and country comparisons, the 2009 divorce rate in the U.S. was 4.95 divorces per 1,000 people--up from 3.5 per 1,000 people in 1970, when no-fault divorces became legal.
