In the past, couples had to make accusations against their spouse, so that one spouse would be found at fault for the divorce.
However, many judges began to realize that many of the accusations were false and people began to perjure themselves in order to be granted a divorce.
Many couples would set up scenarios in concert, that would make it appear that one spouse was at fault. For example, they would set up a scenario that appeared like an affair and one spouse would take responsibility willingly, even though they had actually done nothing wrong.
Many judges began to feel that divorce was causing the divorce courts to lose respect in the eyes of the citizens. In 1969, California passed the Family Law Act. This allowed couples to divorce for irreconcilable differences, or take part in no-fault divorces.
California became the first no-fault divorce state, allowing no-fault divorces when both spouses or one spouse wished to be granted a divorce in the absence of accusation that either spouse had done anything to void the marriage contract.
Currently, most states are no-fault divorce states. However, some states have differing requirements for couples that wish to be granted a no-fault divorce.
Although there exist states that are allowed to have their own laws regarding any family law case, some of these practices include the requirement that couples live apart for a certain amount of time before they can be granted a settlement.
After California became a no-fault divorce state, almost all of the other states followed. By 1983 all but two states were no-fault divorce states.
Currently, all states except New York, are full-fledged no-fault divorce states. Some no-fault divorce states have special requirements for couples that wish to obtain this type of divorce, while others simply grant them.
New York requires that spouses have a separation agreement notarized by a notary public. Couples must live separately for one year after which time a judge can grant no-fault divorces.
However, New York still lacks a clear and concise statute that would make no-fault divorce legally allowed. Many states have similar requirements such as state residency for certain periods of time, such as six months. Some states also require that couples live separately for some time before a no-fault divorce will be granted.
No-fault divorces are currently allowed in most of the United States. However, many states have begun actions to repeal that allowance in favor of hoping to have couples stay together.
There are individuals that struggle with this type of divorce because divorces in which one spouse is found at fault, often involve the no-fault spouse receiving additional assets and possibly alimony.
However, those types of divorces can take years to reach a resolution, which ends up costing both spouses an exorbitant amount of money. No-fault divorces can be simple, save money, and be granted in a quick and efficient manner. Perhaps, that is why so many states now allow no-fault divorces.