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divorce divorceMost of the states in the U.S. have a family law system that allows "no-fault divorce," which, as its name implies, allows a married couple to divorce without a requirement of finding or stating who is "at fault" for the marriage coming to an end. No-fault divorces have been around since 1953, when Oklahoma became the first state to institute no-fault divorce statutes, but most states did not implement a no-fault system until after 1970, when then-governor Ronald Reagan signed no-fault divorce into law in California.
The "Fault-Based" System
When "fault-based divorce" was the legal norm, one of the spouses had to prove in court that the other spouse was to blame for their marriage's failure. People would allege adultery, desertion, mental cruelty, drunkenness, or insanity, for example. Detectives were sometimes hired to gather evidence against a spouse. It was a cumbersome, sometimes hypocritical, and often ugly way for people to get a divorce.
If the couple simply wanted to divorce but didn't really have a reason for divorcing that fit within the confines of their state's divorce statute, they would pick an allegation and agree to blame one spouse, who would "confess" to that allegation.
Finding Fault No Longer Required
In contrast, under a no-fault divorce system, one spouse can simply file for divorce without placing the blame on the other spouse. A spouse does not need to allege or prove fault for the failure of the marriage, nor does that spouse require the other spouse’s consent.
The couple does not have to "jump through any hoops" to get divorce. Of course, if they have children, the court will want to make sure that the children are provided for, both financially and emotionally and regarding their education and future after the divorce.
Less Hostility, Less Lying
It's now been more than 50 years since the introduction of no-fault divorce in the U.S., and the system seems to be working well and to be preferred by most parties — divorcing spouses, the courts, and family law experts. The no-fault aspect of the system significantly reduced the level of lying and hostility in the divorce process. A couple can now just "call it quits" when they feel that they can no longer live their lives as a married couple.
Less Costly Process, Quicker Resolution
The advent of no-fault divorce also greatly lowered the cost of getting an uncontested divorce. There is no need to hire a detective or mental health expert or to pay for evidence, whether real or fabricated. The processing of divorces became significantly faster when no-fault divorces became common too. Divorce-court backlogs were reduced.
Grounds for Divorce Still Used
Although no-fault divorce may be available in a given state, a couple that wants to divorce may still have the option of alleging a particular "ground" for divorce such as abuse or financial impropriety. In light of the variety of divorce options and technical differences among the 50 states, it's always advisable for a spouse who wants a divorce to consult a divorce attorney in his or her area to explore the legal options that are available in that state.
The same is true for an individual who does not want to divorce, although his or her spouse has filed for divorce. In such a case, a divorce attorney's counsel and representation are all the more critical. Each spouse has legal rights regarding the division of assets, child custody and child support, visitation rights, and possibly spousal support that should be protected.
Contact an Attorney Today
Whether a no-fault divorce or fault-based divorce is being pursued by either spouse, an individual's legal rights can be protected with the help of an experienced lawyer. Contact a qualified divorce attorney in your area today to arrange a free and private consultation.
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