Divorce by Mutual Consent: No Fault Divorce

In the United States, divorce by mutual consent originated in California in the late 1960s, and is now referred to as “no-fault divorce.” With the rising divorce rates of the past decade, many efforts have been made for divorce law reforms, focusing on laws similar or related to no-fault divorce.

Divorce Requirements

The topics most debated of divorces are their requirements. No-fault divorce has been adopted in all states except New York, in varying forms and with differing implications. Prior to this, divorce forced couples who desired to get a divorce to “show fault” of one or both sides. Because of this, attorneys are couples sometimes worked together to create a false situation that will create fault on one or both sides so that the couple could be divorced. General grounds for divorce by fault of one side are, cruelty, adultery, desertion, imprisonment for a period, and inability to have sex if that wasn't known before the marriage. Couples were forced into committing perjury and fraud, in order to end the unhappy marriage. Advocates argued that it is unnecessary to force otherwise lawful married couples into such situations, or to force them into maintaining an unsuccessful and unpleasant marriage.

No-fault Divorce

The initial creation of no-fault divorce in California was signed into law by former president Ronald Reagan, and became effective in 1970. General requirements in all states for no-fault divorce are incompatibility, irreconcilable differences, and irremediable breakdown of the marriage. One further major requirement is variable from state to state. It is that the couple filing for divorce is currently living separately and has been for a time determined by their given state law code. In addition, no-fault divorce saves these married couples a great deal of money by avoiding the cost of attorneys and court fees. They are generally settled through a family court, and often require a waiting period of over a month between filing and finishing the divorce documentation.

Getting Legal Help

There can be no concrete advice to apply to all marriages, and for those contemplating divorce, marriage counseling is readily available in most areas and further, professional legal aid may be a very beneficial option.

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