No Fault Divorce: Complete Lunacy or Totally Rational?

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In No Fault Nuttiness: Why Modern Divorce is Lunacy, Beverly Willett wrote a scathing criticism of no-fault divorce. Central to Ms. Willett criticism is her misplaced belief that divorce is about “innocence” “wrongdoers” and efforts to “receive compensation for your loss.” Divorce is about none of those.

Divorce is simply the process of unraveling the marital partnership. Even before New York adopted no fault divorce and, except in the most egregious cases, marital fault had no impact equitable distribution. No fault divorce simply institutionalized that.

Divorce need not be about lying blame, pointing fingers or airing dirty laundry. The process, even without a need to establish fault, is emotionally and economically draining. If the purpose of divorce was to award “compensation for your loss” divorce would be a blood sport; there would be no winners, except divorce attorney’s who profit from litigation. Ironically, divorce attorneys were the moving force behind no fault divorce.

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