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With rising legal fees and the cost of court proceedings, new avenues are being explored in then realm of divorce law. In cases where parties are ready to divorce and don't feel the need to go through the court proceedings, no-fault divorces are becoming the solution to a cost-effective and less traumatizing divorce.
There are many states now permitting no-fault divorces. A no-fault divorce is one in which neither spouse blames the other for the breakdown of the marriage. Both spouses agree that "irreconcilable differences" have arisen, and that neither time nor counseling will save the marriage; it simply will not work. A no-fault divorce is a more humanitarian way to end a marriage in the states that permit it.
Some states allow termination of marital status on both a basis of fault and alternatively on the basis of no fault. While they vary from state to state, grounds for fault can include adultery, physical or mental cruelty, desertion, alcohol or drug abuse, insanity, impotence or infecting the other spouse with a venereal disease.
The respective rights to distribution of property and spousal support can be affected by a spouse's fault in causing the breakdown of the marriage in some states. Agreeing on the tangible products of the marriage is the next step. Most couples don't fight over the reason for the divorce, but they usually disagree over property, alimony, and child support and child custody and visitation issues. In order to follow through with your no-fault divorce, you will need to resolve all of those issues.
In a no fault dissolution of marriage, a declaration by one spouse of the marriage that irreconcilable differences have arisen, and under the presumption that neither time nor counseling will remedy these irreconcilable differences, is sufficient grounds for a court to terminate the marriage and return the former spouses to the legal status of unmarried persons. In a no-fault divorce or dissolution of marriage, the actions of the respective spouses in the breakdown of the marriage do not affect property distribution or spousal support rights.
No-fault divorce laws allow one person to dissolve a marriage without the consent of the spouse. In most states before no-fault, divorce required consent of both or proof of fault by the non-consenting spouse. Under no-fault wives can always threaten to walk out without the husband's permission, changing the power balance in the relationship. The husband, understanding the lowered threat point, may finally behave himself, thereby reducing the incidence of domestic violence and increasing women's wellbeing.
Related No-Fault News
May 24, 2007 - What Is a "No-Fault" Divorce?
Feb 28, 2007 - How are at-fault divorces different from no-fault ones?
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- MARITAL Separation AGREEMENTS
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- MILITARY DIVORCE
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- REASONS FOR DIVORCE
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Issues Regarding Child Custody
Child custody rights may be shared by both parents or, primary child custody rights may be awarded to one parent or legal guardian. Since the 1970s the family court will award child custody rights contingent with the best interests of the child.
Child custody for fathers following a divorce is one of the most important aspects of a dissolving marriage. Throughout history the legal presumptions about child custody for fathers has changed significantly. Before the twentieth century children were regarded as the property of their father. Under common law, child custody for fathers was commonly awarded, as children were considered a father's rightful property. A major shift occurred after this period in history, as family courts came to favor mothers in child custody cases. It was presumed that under normal circumstances, children did better when placed in the sole custody of their mothers.