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In many cases, irreconcilable differences were the original and only grounds for no-fault divorce, such as in California, which enacted America's first purely no-fault divorce law in 1969. [2] California now lists one other possible basis, "permanent legal incapacity to make decisions" (formerly "incurable insanity"), on its divorce petition form.
In 1969-1970, California became the first state to pass a purely no-fault divorce law, i.e., one which did not offer any fault divorce grounds. [30] They chose to terminate all fault grounds for divorce and utilized single no-fault standards making divorce easier and less costly. [ 30 ]
In the United States, each state has distinctive reference names for grounds for divorce. [4]All states recognize some form of no fault divorce. A no fault divorce can be granted on grounds such as irretrievable breakdown of the marriage, irreconcilable differences, incompatibility, or after a period of separation, depending on the state.
The couple can file for divorce together or one party can file alone. If one party does not wish to get divorced or if they have children under 16 living at home, there is a required contemplation period of 6 to 12 months. During this period, they stay married and the request must be confirmed after the waiting period for the divorce to go through.
The road to Reno: A history of divorce in the United States (Greenwood Press, 1977) Chused, Richard H. Private acts in public places: A social history of divorce in the formative era of American family law (U of Pennsylvania Press, 1994) Griswold, Robert L. "The Evolution of the Doctrine of Mental Cruelty in Victorian American Divorce, 1790-1900."
6 months reconsideration period: 17th century:: fault-based divorce 1915: Mutual agreement divorce 1973: Unilateral divorce Switzerland [72] No: Yes: Two year separation: 2000: Unilateral divorce with separation requirement [7] Russia [73] No: One month waiting time: Up to three months cool-down period Taiwan [74] Yes: Yes: Determined by court ...