Types of Divorce

Fault vs. No-fault Divorce

no-fault divorce legal form software package
Photo courtesy Standard Legal Network
No-fault divorces have become the national standard.
In 1970, California changed the way people looked at divorce as well as the ease at which they could get out of a marriage by passing the first no-fault divorce law in the United States. Before that, in order to get a divorce, one spouse had to have done something wrong -- be "at fault" for the failure of the marriage. Those wrongdoings are called "grounds for divorce" and include adultery, physical or mental cruelty, desertion, confinement in prison, physical incapacity (for the purpose of sexual intercourse) and incurable insanity. If the defending spouse didn't want the divorce, he or she had to deny what they were being accused of and defend himself or herself in court.

While many states still allow fault divorces, they all also allow no-fault divorces. No-fault divorces are just what they sound like: No one is at fault for the failure of the marriage. Even if there were some misconduct, it doesn't matter in a no-fault divorce. The basis for dissolving the union may simply be "incompatibilities" or "irreconcilable differences." There usually doesn't have to be any explanation or proof of a problem. In most states, it doesn't matter if the other spouse consents to the divorce or not.

Contested vs. Uncontested Divorce
A divorce is uncontested if one spouse either:

  • Doesn't respond to the spouse's request for divorce or to the spouse's decisions regarding division of marital property and debts and child support, alimony and child-custody issues
  • Doesn't legally dispute the spouse's decisions
  • Agrees on every detail (also referred to as a divorce by agreement)
If an agreement can't be reached on every issue, then it is a contested divorce, and the couple has to take the issues before a judge. Contested divorces cost a lot more and usually create a lot more turmoil.

Simplified Divorce
Some states allow a simplified divorce, which speeds up the divorce process and usually keeps it out of court. Simplified divorces are uncontested, no-fault divorces with no disagreements on the settlement.

State laws differ on simplified divorce, but usually it is a less expensive and less stressful way to go. Some states require only that you fill out forms and have a judge approve your settlement agreement. Others will only allow you to seek a simplified divorce if there are no dependent children (under 18) and no outstanding financial debts involved. Simplified divorces are usually granted very quickly (30 days after filing is common).

Annulment
 Like divorce, annulment also dissolves a marriage; but unlike divorce, it indicates that the marriage never happened. An annulment is often required in the Roman Catholic Church in order for someone to remarry. Grounds for an annulment vary by jurisdiction but usually include:
  • fraud or misrepresentation (for example, one spouse may already be married to someone else or may have withheld the fact that he or she can't have children)
  • concealment (for example, the spouse may have concealed a drug addiction, prior criminal record or having a sexually transmitted disease)
  • inability or refusal to have sexual intercourse with his or her spouse
  • misunderstanding (for example, differing ideas of lifestyle or desire to have children)

Annulments are most common when couples have not been married for very long. One annulment that made the news in 2004 dissolved the marriage of Britney Spears to her childhood sweetheart Jason Allen Alexander. They were married at a wedding chapel in Las Vegas on January 4, 2004, and by January 5, Britney had filed for an annulment in a Nevada court claiming she "lacked understanding of her actions to the extent that she was incapable of agreeing to marriage because before entering into the marriage the Plaintiff and Defendant did not know each other's likes and dislikes, each other's desires to have or not have children, and each other's desires as to a state of residency." The annulment was granted within a couple of hours.

State Variations
All states have different divorce laws. While there is a Uniform Marriage and Divorce Act that some states have adopted, details and procedures still vary wildly. Some states have also adopted the Uniform Divorce Recognition Act, which requires that the divorce be filed in the state where both spouses live. If they get a divorce in a different state, their state of residence won't recognize it, causing big problems down the road if one of them wants to remarry.

Even states that haven't adopted the Uniform Divorce Recognition Act usually have a residency requirement for divorces, meaning you have to have lived in that state for a specified length of time before you can file for divorce there. Because some states also have requirements for lengthy separations before divorces can be final, people seeking quick divorces often move temporarily to states that have shorter separation periods just to get their divorces faster.

Reno Scores With Divorce
 Why was Reno once known as the divorce capital? Because of its six-week residency requirement and reputation for the "quickie divorce." Nevada was known for a willingness to shorten its already short residency requirement in order to pull in the economic benefits of divorce as early as 1898. Money that divorce seekers spent on attorney fees, hotels, with merchants, restaurants and in casinos was significant income.

When the movement for moral reform hit the country after the Civil War, Nevada's residency laws went to six months and then to one year. Business owners and representatives lobbied for a reduction and gradually had the requirement dropped back to six weeks by 1931. The number of divorces filed in Nevada courts almost doubled each time the residency requirement dropped. By 1940, 49 out of 1,000 divorces filed in the United States were filed in Nevada.

Entrepreneurs looking to make a buck on the divorce racket established "divorce ranches" where divorce seekers could wait out their six-week residency requirement.

In addition to the money aspect of divorce, Reno gained notoriety for famous divorces. Actors and actresses, recording stars and other famous people including Mary Pickford, Cornelius Vanderbilt Jr., Jack Dempsey, Rita Hayworth, Gloria Vanderbilt and many others sought Reno's quickie divorces.