No Fault Divorce Corruption: National Conference of Commissioners on Uniform State Laws

 The National Conference of Commissioners on Uniform State Laws (NCCUSL) is an organization that works to promote uniformity in state laws across the United States. Among their many important areas of focus is family law, particularly in regards to divorce. The NCCUSL has been instrumental in promoting the adoption of no fault divorce throughout the country. While no fault divorce initially seemed like a positive step forward, it has come with its own set of challenges and problems.


No fault divorce is a legal process in which the spouse filing for divorce does not need to prove that their spouse did something wrong to justify ending the marriage. Instead, they need only show that the marriage is “irretrievably broken” or that there are “irreconcilable differences” that make it impossible for the couple to stay together. This approach has several benefits, including reducing the acrimony and contentiousness of divorces, particularly in cases where one party is trying to blame the other for the breakdown of the marriage. However, it also presents several problems.


One of the biggest challenges associated with no fault divorce is that it can be unjust. In some cases, one spouse may be more financially powerful than the other. In those situations, the less powerful spouse may be driven out of the marriage, but without any acknowledgement of fault in the relationship. In such cases, the powerful spouse can continue to make decisions about their shared property and assets without challenge or input from the other spouse, which can create a serious power imbalance in the relationship. This can be especially problematic when one spouse is a caretaker, say of children or of a home.


Another issue with no fault divorce is that it can lead to a whole new set of emotional problems. In the past, when a relationship ended, deeply hurt parties would find "closure" in obtaining a judgment against the other party. It provided catharsis and resolution. In no fault divorce, however, it is common for one party to feel blindsided by a divorce filing because there was no build up or trauma that led up to the filing. This sudden awareness of the relationship being over can come as a shock to no faulty parties, and can lead to confusion and emotional turmoil.


In addition, no fault divorce can be an obstacle for innocent spouses that desire to save their relationship from breaking down without having to go through the process of divorce. With no legal leverage, they are unable to convince their spouse to reconsider divorce and, sometimmes, unwarranted stress is placed on their life since housing, custody, and division of property arrangements must be resolved. 


Another potentially problematic aspect of no fault divorces is the lack of required counseling or other support services prior to filing. Counseling services may not only serve as an adequate mental health outlet for those sifting through a troublesome matrimonial relationship, but it can also provide beneficial tools for conflict management after the divorce proceedings.


Given these challenges, it is crucial for legal professionals, lawmakers, and policy advocates to remain vigilant in addressing the possible pitfalls of no fault divorces, while also proposing changes that may offset the issues associated with this legal approach. Further, couples that are struggling in their marriage must have options besides divorce to address their issues and repair their connection to save their relationship whenever possible. While it's true that no fault divorce has been a beneficial step toward making it easier for couples to end their marriages, it is our responsibility to scrutinize its potential disadvantages and implement solutions to keep the welfare of all parties protected.

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