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Chapter 13

causing a divorce are infidelity (the most

common reason), followed by

incompatibility, alcohol or drug use, and

growing apart (Amato & Previti, 2003).

Types of Divorce

Once a couple makes the decision to

divorce, it comes under the scrutiny of the

court and the court’s representatives.

Thus, the family becomes apublicfamily

instead of aprivatefamily. (see Sidebar

13.1) Five different types of divorce exist,

each with varying amounts of court

intrusion. These are fault divorce, no-fault

divorce, uncontested divorce, contested

divorce, and simplified divorce.

Fault Divorce

Some states still allow fault divorces. In a

fault divorce, one spouse must have done

something wrong—the spouse must be“at

fault”for the failure of the marriage. These

wrongdoings, called“grounds for divorce,”

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 does not want the divorce,

he or she has to deny the wrongdoing and

defend that denial in court.

No-Fault Divorce

Since 1970, an increasing number of

states have enacted no-fault divorce laws,

making it easier for a couple to get out of a

marriage. Ano-fault divorcemeans no one

is at fault for the failure of the marriage.

Misconduct does not matter in a no-fault

divorce. The basis for dissolving the

marriage may simply be“incompatibilities”

or“irreconcilable differences.”A no-fault

divorce does not usually require any

explanation or proof of a problem. In most

states, it does not matter if the other spouse

consents to the divorce or not.

Uncontested Divorce

Anuncontested divorcecan take one of

two courses. Either one spouse does not

respond to the other spouse’s request for a

divorce, or that spouse agrees to every

detail of the decision, including division

of marital property, debts, child support,

alimony, and child-custody issues.

The decision to divorce brings a couple under the scrutiny of the

court making them a public family instead of a private family.

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