What is the Goal of No-Fault Divorce?

To understand the goal(s) of no-fault divorce, one must learn why and how it was introduced.

In the 1940s, a husband or wife had to prove adultery or abandonment to complete a divorce. Though obtaining a divorce was tough, expensive, and time-consuming, the courts were slowly getting more open-minded. In 1942, the Kreyling vs. Kreyling case made history. The courts ruled that the wife was within her rights to refuse sex with her spouse because he insisted on using contraceptives every time. Mr. Kreyling moved out of the house and the court equated his moving out with abandonment, and granted the couple a divorce. This was a sign that the courts were becoming liberal.

Though the courts were getting more liberal, Americans still viewed marriage from the duty and obligation points of view. In the 1950s, family courts were established and age-old notions of marriage began to change. Law firms specializing in divorce started setting up shop throughout the country, a flood of marriage help and advice books hit the bookstores, and spouses started thinking differently about marriage.

In the 1960s, the divorce rate continued its upward trend. In a 1966 case, the California Supreme Court ruled that property purchased during marriage should be divided among both spouses. The 60s and 70s also witnessed a psychological revolution that made people focus on self-happiness and individual fulfillment. The age-old notion of marriage got erased (for many couples) and was replaced by a new philosophy of subjective happiness.

Then, in 1969, the Governor of California, Ronald Reagan, signed the no-fault divorce bill. According to the no-fault divorce bill, all that a spouse had to state is that the marriage has broken down irretrievably, the spouses were incompatible, or the differences between the spouses had reached a level of zero reconciliation. There was absolutely no need to allege marital wrongdoing on the part of either spouse.

The rest, as you may be aware, is history.

Goals of No-Fault Divorce

So, if we were to analyze the circumstances that led to the introduction of the no-fault divorce bill, the following benefits can be said to be its objectives (no matter how critics view it as, unethical or immoral):

To reduce hurt and acrimony between the spouses

When a spouse alleges marital wrongdoing, the other spouse is likely to get defensive and make counter-allegations, leading to a bitter exchange of accusations, including false accusations. A no-fault divorce may eliminate such unpleasantness. Also, in a no-fault divorce, a spouse can easily exit an abusive relationship without having to prove anything.

To reduce the time taken to obtain a divorce decree

An at-fault divorce requires the petitioning spouse to provide evidence of marital wrongdoing, and this process takes a long time. In a no-fault divorce, the petitioning spouse does not have to prove any marital misdemeanor or wrongdoing. Therefore, a no-fault divorce can be resolved much faster as compared to an at-fault divorce.

To reduce costs

As no evidence of wrongdoing is required in a no-fault divorce, the petitioning spouse does not have to hire expert witnesses or private investigators to dig deeper, or pay for the extra attorney time. This can substantially cut costs unless the case is high-conflict. In high-conflict divorces, the case goes to trial and it may drag on for 2–3 years.

To reduce stress and protect children

A no-fault divorce is mostly shorn of animosity and feuds. Our experience suggests that 98% of no-fault divorces are resolved peacefully. An amicable resolution reduces the stress on the spouses and the children.

To reduce the court backlog

Imagine what would happen if the no-fault divorce law wasn’t around! The courts would be crammed with at-fault cases, which would probably be witnessing multiple adjournments, straining the judicial system. The no-fault divorce law, aside from making a divorce simple for the spouses, is also easy on the courts.

These, in our opinion, are the goals of no-fault divorce.

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Greg Misener

Marco and his team at Brown Family Law have created nearly the perfect system for getting divorced in Utah. From the initial intake, to gathering all of the necessary documentation, to the client communication in between. There is so much work that goes into getting divorced, but with Marco and his team you'll always know where you are in the process and what happens next, which is such a comfort. Would highly recommend.

Mack

I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.

Response from the owner:Wow, thank you so much. Melanie is great. Glad she helped you so well.

Alex Rogers

Nathaniel was an incredible partner throughout the divorce process. He was organized, responsive and respectful of my wishes while simultaneously giving me guidance and advice. I would recommend him to anyone.

Christie Cisneros

I couldn’t have made it through my divorce without Clay and his team! I am forever thankful for the hours and time spent with me to help navigate an extremely difficult time in life. They’re reliable, knowledgeable, and know how to get things moving in an efficient manner. Nothing but good to say here!!

Halie Bates

Working with Daniel Young at Brown Family Law was a truly positive experience during one of the most difficult times of my life. From the start, Daniel was knowledgeable, compassionate, and incredibly responsive.
If you need a family law attorney who combines expertise with empathy, I cannot recommend Daniel Young enough. He is a true advocate and a credit to Brown Family Law.

Jessica Lance

Nathaniel and Carren have been absolutely incredible to work with. They kept me informed and in the loop throughout each step of the process. They always answered every question I had in a very quick and timely manner. I could not recommend them more.

Amy Christensen

This 5-star review is for Nathaniel Garrabrandt at Brown Family Law. Nathaniel was just what we needed. He helped guide us with a level of professionalism, efficiency, and genuine care that made a real difference during a challenging time. He is always thoughtful and respectful, and he never makes you feel like just another case. His communication was clear (with regular check-ins), his advice was solid and uncomplicated, and I always felt that he had his client's best interest at heart as he made suggestions. I’m grateful to have had such a capable and compassionate attorney to work with. You hope you never need these kind of services, but when you do, you want the best... and someone with high integrity. Nathaniel truly deserves all 5 of these stars, in every way.

Kenzie Murphy

Russell Yauney was my attorney at Brown Family Law. Throughout the process, Russell and his paralegal Conor, were extremely helpful and patient. They were highly responsive, thorough, and most importantly: did not make me feel insignificant or embarrassed for asking clarifying questions. Russell made himself available and whenever he wasn't, Conor was. The Friday Phone Calls were reliable and I knew I could expect an update each week. The firm's texting abilities also made it easy to send a quick question/concern if I ever needed it. Russell was a fantastic attorney and guide to have throughout my situation. I highly recommend this firm.