Divorce Guide

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No fault divorce papers

According to no fault divorce papers, a no fault divorce describes any divorce where the spouse asking for a divorce doesn’t have to prove the wrong deeds of his/her partner. To obtain a no fault divorce, the spouse must produce a simple reason that is accepted by the state. Most states simply accept the fact that the couple cannot get along. No fault divorce is allowed in all states except New York. Some states simply grant a no fault divorce on the condition that the couple lives separately for some months or years.

Background of no fault divorce

As per the no fault divorce papers no fault laws came into existence as the divorce lawyers and the family court judges tried to change the way divorces played out in court. They were tired of dealing with couples who presented wrong facts, told lies and tried to blame one another. According to them the old fault system of divorce was a threat to the integrity of the family court system and it needed to be changed.

Current status of no fault divorce

New York is the only state that has not accepted the no fault laws. All the other states have adopted this law with some states also allowing grounds for divorce as an option. States such as Alabama, Tennessee, Florida and Georgia have the most relaxed divorce laws and have the highest divorce rates in the country.

No fault divorce papers quotes few states like Arkansas, Arizona and Louisiana have passed laws that provide couples with the option of choosing the laws they would want to apply to their divorce, should their marriage end. They are given a choice between a “covenant marriage” and the no fault option. The couples agree to pre-marital counseling in a covenant marriage in order to limit the options and grounds in case they decide to go for a divorce.

Pros and cons of a no fault divorce

The following are the pros of a no fault divorce:

  • There is a decline in the rate of domestic violence in the states that have adopted a no fault divorce.
  • The law makes it easier for the couple to leave an abusive marriage.
  • There are less conflicts during a no fault divorce, which means less emotional harm to the children whose parents are divorcing.
  • The time taken to obtain a divorce is less which in turn shortens the amount of time spent in a stressful situation.

The following are the cons of a no fault divorce:

  • More than 80% of no fault divorces are unilateral, which means that no fault laws take away the control from the spouses whether or not they can save their marriage.
  • It gives more power to family court judges in deciding issues like custody and spousal support but when one spouse is at fault, then a judge’s decision is based on his feelings which is not always correct.
  • It nullifies a father’s rights to his children because he has nothing to defend against his wife who wants to end the marriage. The court usually favors the mother and under the no-fault system it is difficult to prove that a mother is unfit to parent her children.
  • It lowers the standard of living of a dependent wife as she no longer has grounds to argue in her defense. The court does not enforce any spousal support 75% of the times even when her husband chooses to leave her.

The no fault law seems to be popular among the general public, although the statistics show an increase in divorce since its introduction.

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