No-Fault Divorce

History

No-fault divorce first appeared in the United States in 1969. New York did not approve no-fault divorce until 2010—the last state to do so.

Finding Fault

Previously, one person would often name the other spouse as the primary cause for problems leading to divorce. In the opinion of many, this made divorce unnecessarily negative, painful and costly.

A Trend

The popular trend toward no-fault divorce made it easier to obtain a divorce and for the divorce not to dwell on complex issues of the past, focusing instead on a path for the future.

Collaborative Divorce

A no-fault approach in Collaborative Divorce means the goal is not to punish the other person for harming the marriage, but to find a good-enough outcome for everyone.

Coping with Emotional Pain

People in divorce may have emotional pain to work through. Issues of accountability for how the relationship may come up. Sometimes this can be addressed by a facilitator in a Collaborative Divorce if such feelings are getting in the way.

Clean Negotiation

Collaborative Divorce professionals try to keep emotions of anger, hurt, pain and blame separate from negotiation decisions.

Takeaway

Focus on moving forward, rather than seeking an outcome that punishes the spouse for what did or didn’t happen during the relationship.