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What Is a No Fault Divorce?


When a couple that has entered into a union through marriage wish to end such a union, they may avail of themselves several options in which to sever their union. Their options are limited to the reasons or their justification of separation or termination of the marriage as well as the manner in which they wish to proceed. One way of ending a marriage is through a no contest divorce.


This type of divorce is often based on the premise of irreconcilable differences. The actual concept though of a no fault divorce began in 1917 during the Communist Revolution in Russia. Rather than having churches become the only authority in determining when and how a divorce could take place, a no fault divorce provided a quick solution to married couples who wanted to dissolve their marriage immediately. The idea of a no fault divorce eventually began to spread to other countries and states with California being the first state in the United States to employ this type of divorce in 1969. However, different states have different requirements and criteria before a married couple can obtain a no fault divorce. For example, the state of New York provides that a no fault divorce can only be obtained through a separation agreement and a waiting period of one full year.


A no fault divorce essentially means that either spouse can dissolve the marriage without any actual reason in most instances. The use of irreconcilable differences is a vague reason that can refer to anything from adultery to the realization that they no long wish to be married.

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