No-fault divorces are divorces in which no blame needs to be placed on either partner in order for the divorce to be granted. The common term used to describe the reason for separation is "irreconcilable differences," which requires no further explanation. Laws regarding no-fault divorces vary from state to state. The only state that doesn't allow no-fault divorces is New York.
Pro: Shorter Procedures
One of the biggest advantages of no-fault divorces is that the procedures take a considerably shorter amount of time to administer. This leads to less conflict between parties, less pressure on family courts and the chance for those in an abusive marriage to get out more quickly and without having to prove the abuse. Because these types of procedures do not require the parties to appear before a judge to prove their side of the story, this reduces the stress put on the spouses and on the children involved.
Pro: Lower Cost
No-fault divorce laws are cheaper to process, both for the individuals filing and for the courts processing them. In most cases, no-fault divorces do not require a lawyer or mediator and can be filed directly with the court, where a judge will make all necessary decisions regarding division of marital assets and child custody arrangements.
Con: Divorce Rates Are Higher
Because divorcing under the no-fault law is so easy, couples may be less inclined to try and solve differences to keep the family unit together. As a result, divorce rates are higher. This can lead to people getting married without thinking about it twice, simply because dissolving the marriage is just as easy. Not only can this cause financial trouble for both parties, but it can be traumatizing if children are involved.
Con: No Opportunity to Respond
No-fault divorces are unilateral. Because the no-fault divorce does not require the agreement of both parties, it becomes easier for one person to abandon the family unit without even notifying the other. This can lead to serious financial issues if the person served with divorce papers was living as a dependent or if children are involved. The person being served with divorce papers has no argument against the petition or the consequences such separation may cause.
