Understanding the Controversy: No-Fault Divorce Explained
Hi, I’m Muskogee family law attorney Justin Mosteller, and today we’re going to talk about one of the most frequent questions I’ve received in recent years: What is a no-fault divorce?
The term has come up frequently in the media because some legislatures have considered ending no-fault divorce. This has led many people to ask what it means.
History of Divorce Laws
Before the advent of no-fault divorce, in every state, if someone wanted to end a marriage, they had to prove fault by the other spouse. Common grounds included abandonment, adultery, or physical abuse. These laws meant that divorce cases often involved lengthy litigation and detailed proof of the alleged misconduct.
This system often led to dramatic situations and costly litigation, even when both spouses agreed the marriage should end.
Benefits of No-Fault Divorce
To address these issues, legislatures across the country introduced laws allowing couples to divorce without alleging fault. This is where “no-fault divorce” comes from.
In Oklahoma, the legal term for no-fault divorce is “irreconcilable incompatibility.” This simply requires showing the court that the parties no longer wish to be married and that the basis for the marriage is gone.
Considering Your Options
No-fault divorce has been controversial. Some point to it as a factor in rising divorce rates. However, it allows people to end a marriage without proving wrongdoing, making it easier for victims of domestic violence to leave unsafe situations.
In Oklahoma, you can still allege fault, such as adultery, but you must prove it with evidence like witness testimony or documents. Because proving fault is unnecessary when “irreconcilable incompatibility” is available, most parties choose the no-fault route, even when misconduct has occurred.
Contact Us for Legal Assistance
If you have a divorce or family law matter in Oklahoma, contact Muskogee divorce attorney Justin Mosteller with Wirth Law Office at 918-879-1251. Our goal is to make law easy, and we work to deliver that every day.
