Fault v. No-Fault Divorce, What Does it Mean? - The Phoenix Family Law News Blog

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Fault v. No-Fault Divorce, What Does it Mean?

No-fault divorce is a misleading name. Are you saying it’s no one’s fault that you’re getting a divorce? Because while some people may be able to accept the divorce without blame, for most it’s hard to not point fingers, at least a little bit.

And a no-fault divorce won’t stop you from doing that. It doesn’t really apply to where you put personal blame for the divorce. What the no-fault divorce did was give people the opportunity to get a divorce for without having to resort to difficult reasons that might not actually exist. Let us explain.

Most divorces these days are filed over "irreconcilable differences." But that wasn't the case a little over 40 years ago.

Before the no fault divorce was introduced in 1970, couples had to have a reason for the divorce and it had to be a legally acceptable one. Those reasons included cruelty, adultery, criminal conviction, abandonment, or inability to consummate the marriage. But often couples didn't have one of those reasons for the divorce. It's just that the marriage wasn't working anymore.

Many of those couples made up a story that would fulfill one or another reason to get a divorce. In part to avoid this dishonesty and difficulty, lawmakers made it easier to get a divorce for any reason.

Under Arizona law, no fault is an option when it comes to getting a divorce, but traditional grounds for divorce can still be used.

However, Arizona doesn't require people to prove anything except that the relationship is totally broken. That helps make the divorce process more civil, especially for couples with children.

The law doesn't require you to play the blame game in court. That can make it easier to minimize blame at home as well. But this doesn't necessarily make the divorce process any simpler. While the lack of blame may make it more civil, in most cases, you'll still need an attorney to keep things fair.

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