Finding Fault

All 50 states of America now recognize no-fault divorce. California started it in 1970 while other states eventually followed suit. The last of them all finally gave in. New York has recognized this option as of October 2010. Before no-fault divorce was made available, what options were available to those seeking to be free of marriage bonds?

Traditionally, there were certain situations required to exist before a petition for divorce was granted. The so-called grounds for divorce included mental instability, physical inability to engage in sexual intercourse specifically if it was not disclosed before the marriage, homosexuality, desertion, cruelty, and adultery. Referred to as at-fault divorce, the petitioning party is required to provide proof of the partner's fault or evidence that will prove that a specific act/s not compatible to marriage was committed.

In citing adultery as a ground for divorce for example, the petitioning party should be able to show to the courts that the spouse has committed acts of infidelity. No-fault divorce came about when the use of legal fictions to circumvent the statutory requirements of traditional divorce became common practice. Legal fictions in this case are essentially conjured-up stories intended to support a specific ground for divorce. Spouses intent on obtaining divorce usually participate in collusive adultery where they mutually agree that one would "catch" the other committing adultery. The most commonly alleged legal fiction was cruelty because it was apparently the easiest to falsify.

Only 15 states provide solely for the no-fault divorce option. The rest provides for both no-fault and at-fault options. Finding fault therefore may still be critical especially in the aspect of dividing marital property and determining alimony.