No Fault Divorce History

In the past, divorcing partners filed a Petition against their partner for a particular fault like cruelty or adultery. This led to messy and lengthy legal battles. In order to avoid this conflict, the need of no-fault divorces sprouted up. In a no fault divorce, none of the divorcing partners point out at any fault of the other partner. They simply state that incompatibility of temperament or irreconcilable differences are the basis of embarking on the route of divorce.

Initial No Fault Divorce History of the United States

In 1953, the state of Oklahoma passed no fault divorce laws. This was the first state in the country to accept this style of divorce. For 17 years, Oklahoma was the singular state that granted these divorces.

On 4th September 1969, the state of California became the 2nd state to offer these divorces. The then Governor Ronald Reagan introduced the no fault laws in this state and further this trend acquired some momentum. This law became effective from 1st January 1970.

Latter No Fault Divorce History of the United States

From 1969 to 1977, 9 more states in the country followed the trend set by California. During the latter part of 1983, it was recorded that all states in the country had no fault divorce laws, with the exception of New York and South Dakota.

In 1985, South Dakota eventually joined the remaining states. Presently, New York is the singular state that does not permit a unilateral no fault divorce. The statute in this state is such that if the divorcing partners notarize a separation agreement and reside apart and separate for a span of 1 year, then, the Judge has the right to offer the couple a divorce.

From 1970 onwards, the divorce rate in America gradually increased and reached a maximum of 55 percent during the 1990s. Further, it decreased slightly and remained steady at 50 percent. As per several government statistics, this means there are 1 million new divorces per year.

Opposition to No Fault Divorce

The Father’s Rights Movement has played a role in opposing no fault divorce. Members of this movement are of the opinion that if a child(ren) is involved in the divorce, then a presumption of custody of any such child(ren) must be with the Respondent, irrespective of the sex of the Respondent. In this context, it is assumed that the Respondent is the partner who does not desire a divorce. Some persons are of the opinion that if the above mentioned amendment is done regarding no fault divorce laws, then it would result in 2 ways.

• The negative effects of divorce on the child(ren) would decrease
• The divorce rate itself would get reduced

The issue pertaining to adverse impact on children has been studied comprehensively. The researchers have collected sufficient proof that after no fault divorce laws were introduced, the divorce rate increased. This enhanced divorce rate had a definite effect on children in the form of more mental health problems, economic instability, more crime and higher poverty rates.

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