A dissolution of marriage proceeding wherein neither party is required to prove the other committed marital misconduct is available within the state. Instead of alleging grounds such as adultery, abandonment, or cruelty, a couple can seek to end their marriage based on a period of separation. A separation of one year is the sole requirement for this type of divorce. An action can be initiated once this period has elapsed, provided the parties have lived separately and apart and have intended for this separation to be permanent.
This option offers a less adversarial and often more streamlined process compared to fault-based divorces. It can reduce conflict and associated legal costs, as there is no need to gather evidence or present arguments regarding marital wrongdoing. Historically, this approach represents a significant shift in divorce law, moving away from assigning blame and towards acknowledging that marriages can end without either party necessarily being at fault. This can lead to a more amicable resolution of issues like property division and child custody.
