ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Divorce

Why does the law provide for no-fault divorces?

No-fault divorces are considered a less abrasive and more realistic way to end a marriage. The laws of no-fault divorce recognize that human relationships are complex and that it is difficult to prove that a marriage broke down solely because of what one person did. However, some critics of no-fault divorces are concerned that an economically dependent spouse may not be adequately protected when it is comparatively easy for the other spouse to obtain a divorce.

All states have some form of no-fault divorce, but many states also retain fault-based grounds as an alternative way of obtaining a divorce. Some spouses want the emotional release of proving fault by their mates. Courts are not a very good forum for such personal issues, and the accuser is usually less satisfied than he or she expected to be.