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What You Didn’t Know About No Fault History

What You Didn't Know About No Fault History

A no-fault divorce occurs when neither party attempts to show any wrongdoing by their spouse in order to be granted a divorce.

This type of divorce is considered an easy divorce. In fact, a no-fault divorce requires no proof that either spouse did anything to void the marital contract.

A no-fault divorce requires only that one spouse wants and requests that a divorce be granted.

While this is an easy divorce for the spouse seeking the divorce, it also limits the legal responses of a spouse that wishes to remain married. In fact, a spouse cannot contest charges that were not made in the first place.

Prior to no-fault divorce, individuals were required to illustrate the grounds and causes for divorce, whose acts potentially included adultery and other acts that are essentially considered to breach a marriage contract.

However, no-fault divorces are granted in almost every state and this type of divorce is generally easy. Divorce can be complicated in some cases, but a no-fault divorce allows spouses to petition for divorce in the absence of any wrongdoing by either partner.

The ground for divorce is often that a couple simply cannot live together and be happy. Perhaps the couple has no shared values or cannot agree on household duties and chores, or the couple has realized that only one spouse wants children and the other spouse is not willing to have children.

There are many reasons that couples decide to get divorced, and many of those reasons are not the fault of either spouse. California was the first state to offer no-fault divorce in 1970. Many states followed, and eventually, no-fault divorces were granted in almost every state.

However, some states require that a couple live apart for a certain length of time before they can take part in this easy divorce. Many states require these periods of separation so that couples can be sure that they do indeed want to live separate lives. However, there are few other requirements for couples to take part in an easy divorce.

Previous to the allowance of no-fault easy divorces in some states, couples would sometimes be forced to commit perjury to have their divorce granted. In fact, some couples would set up scenarios that appeared like adultery or cruelty, in order to have the courts recognize their divorce petition.

No-fault divorces can be easy for a spouse that has no proof of any wrongdoing by the other spouse. In fact, this type of divorce can be easy for couples that have made a mutual decision to part- a type of divorce that has evolved out of necessity.

Many couples were making false accusations and committing perjury in order to be granted a divorce, however, couples are neither required to fabricate accusations nor find fault with their spouse in order to be granted a divorce.

No Fault Overview

No Fault Overview

Throughout history, couples that had wished to file for a divorce would be required to prove that one spouse had violated the marriage contract.

In fact, couples were not able to divorce due to simple irreconcilable differences, as they can now.

Couples were forced to blame one another and had to find specific examples of their spouse violating the marriage contract. There were many grounds for divorce, but in each case, one spouse was found at fault for the end of the marriage.

In the case of infidelity, the nonguilty spouse would set out to prove that the guilty spouse had an affair. Often, the nonguilty spouse would receive a disproportionate amount of the assets, as well as extra spousal support because they were not at fault in the divorce.

In fact, many spouses found ‘guilty’ had actually done nothing wrong and the couple had simply taken drastic measures in order to be permitted to end their marriage. Ironically, unhappy couples would often work together to find or create just legal causes to end their marriage and many couples were forced to perjure themselves in court in order to prove allegations of fault.

In fact, couples would sometimes work together to make allegations appear legitimate. Because judges found these actions to be making a mockery of the courts, they fought for an allowance of divorce in which neither spouse was found guilty of violating the marriage contract.

In response to these issues, California was the first state to legally allow no-fault divorces. There are many benefits associated with no-fault divorces. These types of divorces are generally granted much faster than divorces in which spouses sought to place blame on each other for the termination of the marriage.

It was very difficult for spouses to remain civil while they were forced to blame each other for everything that had gone wrong in the marriage.

By utilizing no-fault divorce, couples are able to remain calm and on much more civil terms with one another. While some states have requirements for no-fault divorce, many do not. In some states, couples must be legally separated before they can take part in a no-fault divorce.

Oftentimes, couples are required to live apart for around one year before a judge will grant a no-fault divorce. Currently, most states do allow for a no-fault divorce. In fact, New York is the only state that currently lacks a statute that clearly defines and allows no-fault divorce.