Although no-fault has had no effect on divorce rates it has decreased the time involved in the legal process. No-fault divorce has changed four basic aspects of divorce described below:
No- fault divorce has eliminated the idea of fault-based grounds. Under no-fault divorce, no one is accused of desertion, cruelty, adultery, impotence, crime, insanity, or the host of other melodramatic acts or omissions. Neither party is found guilty of anything; rather, the marriage is declared unworkable and is dissolved. Husband and wife must agree that they have irreconcilable differences (which they need not describe) and that they believe it is impossible for their marriage to survive the differences.
No-fault divorce eliminates the adversary process. The stress and strain of the courtroom are eliminated under the new procedure.
The bases for no-fault divorce settlements are equity, equality, and need rather than fault or gender. "Virtue" is no longer financially rewarded, nor is it assumed that women need to be supported by men. Community property is to be divided equally, reflecting the belief that marriage is a partnership with each partner contributing equally, if differently. The criteria for child custody are based on sex-neutral standard of the “best interests of the child” rather than a preference for the mother.
No-fault divorce laws are intended to promote gender equality by redefining the responsibilities of husbands and wives. The husband is no longer considered head of the household but is an equal partner with his wife. The husband is no longer solely responsible for support, or the wife for the care of the children. The limitations placed on alimony assume that a woman will work.
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