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In the early history of divorce in the United States, there had to be a stated basis or reason for one spouse to seek a divorce from the other spouse. That is, there someone had to be found "at fault" for the dissolution of the marriage. The spouse who filed for divorce had to state a reason such as adultery by the other spouse, physical abuse, or other misconduct, or that the other spouse was mentally disturbed.
In such divorces, the spouse "at fault" would often be punished in effect by receiving a lesser portion of the marital property, or by being denied joint custody of the couple's children.
No One Is Blamed
In a "no-fault" divorce, no one needs to state that his or her spouse is to blame for the marriage breaking up. In fact, any misconduct is not even part of the divorce proceedings. A no-fault divorce can be used to end a marriage simply because the married couple agrees that their marriage can no longer viable.
You May Have a Choice
Among the 50 states, some have provisions for no-fault divorces as the only option for a divorce for state residents. Other states have both no-fault and fault-based divorces; the choice is up to the spouse filing for the divorce. However, each state's laws differ regarding the exact provisions and proceedings for a divorce. It's best to seek the advice of a qualified and experienced divorce attorney when you are considering getting a divorce or have been served with divorce papers.
Please contact us today for a complimentary consultation with an experienced family law attorney who can answer all your questions and help you with all of your family law needs.
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