Written by attorney Howard M Lewis

Cons of No-fault Divorce

Over 80% of no-fault divorces are uncontested and mostly unilateral. This means that one party can file for divorce and the court can pass the order. Here the court does not take into account the consent of other party whether he or she wants to end the marriage. In simple terms it does not provide an opportunity to the other party to respond.

It is the judge who has the right to decide on issues such as custody, dividing marital assets and spousal support. At times the decisions are not objective and leads the way to injustice.

The no-fault divorce laws take away a father’s rights to his children as a husband cannot defense his wife who wants a divorce. Mothers are given more importance in such divorce cases and it becomes hard for a father to prove that his wife is not a good mother to his children.

People are losing faith in the institution of marriage. This is evident in the high divorce rate in the United States after the introduction of no-fault divorce laws.

As the court will not enforce any spousal support and mother gets the child custody, it often means a low standard of living for the children if the mother is not working.

With the introduction of no-fault divorce, the focus of the court system has been shifted from the institution of marriage to the system of divorce. This way institution of marriage has lost its significance in the society.

The waiting period for no-fault divorce is too high. For example, in the state of

Louisiana, a couple seeking no fault divorce must live separately for a period of 2 years or more before they can file for a divorce petition.

Free Q&A with lawyers in your area

Avvo child custody email series

Can’t find what you’re looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer