Deborah Nabat Divorce Law Blog on Lawyers.com

What is meant by fault and no-fault divorce?

Monday, April 13, 2009 by Deborah Nabat

Up through the 1960’s, most states allowed for divorce only upon findings of marital misconduct or ''fault.'' Although the state laws varied, traditional fault grounds included:

cruelty (inflicting unnecessary emotional or physical pain) – this was the most frequently used ground for divorce;
adultery;
desertion for a specified length of time;
confinement in prison for a set number of years; or
physical inability to engage in sexual intercourse, if it was not disclosed before marriage.

In the 1970’s states began to allow for “no fault" divorces in which it was not necessary to prove a spouse’s wrongdoing. It was enough for the petitioning spouse to declare that the couple could not get along due to "incompatibility," "irreconcilable differences," or "irremediable breakdown of the marriage." Now almost every state has adopted some form of “no-fault” divorce. However, in some states the couple must live apart for a period of months or years before they can obtain a "no-fault" divorce.

Prior to Florida’s enactment of the Marriage Dissolution Act in 1971, divorce was permitted only upon a showing of “fault” based upon impotence, adultery, extreme cruelty, a violent and ungovernable temper, intemperance or drug addiction, desertion for one year, a previous divorce in another state or country, a prior valid marriage, incurable insanity, or unlawful degree (i.e., an incestuous marriage). The 1971 Act did away with the fault requirement, and instead permits a divorce on the basis that the marriage is irretrievably broken or that one spouse is mentally incapacitated. The issue of fault or marital misconduct may still come into play, however, in determining alimony and the distribution of property.

For more about divorce in Miami, please visit our website: http://familylawlawyersflorida.com/

Posted at 15:24 PM

Topic: Divorce