In dissolution proceedings, the concept of “no fault” means that a party seeking to end a marriage does not have to prove wrongdoing on the part of the other spouse. Instead, the requesting party simply needs to assert irreconcilable differences exist, leading to the breakdown of the marital relationship. An example is when one party believes the marriage is irretrievably broken due to fundamental disagreements, without needing to cite infidelity, abuse, or abandonment.
The adoption of this approach has been a significant shift in family law, reducing the adversarial nature of divorce proceedings. Historically, proving fault was often a lengthy and emotionally taxing process. Eliminating this requirement streamlines the process, potentially lowering legal costs and minimizing conflict between the parties. This can lead to more amicable settlements regarding property division, spousal support, and child custody.
