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Easy Guide to No Fault Benefits

Easy Guide to No Fault Benefits

There are many benefits of no-fault divorce law. In fact, couples will find that it can be a rather simple way to achieve a legal dissolution of marriage. In general, no-fault divorce laws allow couples to be granted a divorce in a more speedy fashion. While some states require that couples live a part for some time before they will be granted a divorce, many do not. 
In fact, some states grant a divorce very fast when the no-fault divorce law is applied. In addition, no-fault divorce laws allow couples to save a lot of money due to the decrease in money spent on legal battles. No-fault divorce law also allow couples to be spared the emotional and psychological discomfort of extended legal battles. In fact, many couples that go through contested divorces, spent extensive time, energy and money on the divorce. In addition, those individuals often have a harder time remaining friendly due to the intensity of court proceedings.
No-fault divorce laws allow either spouse to file for divorce in the absence of making harsh accusations. Many times, those accusations are false anyway. It is difficult for couples to remain on good terms when they are forced to place blame in order to be granted a divorce. No-fault divorce laws allow spouses to avoid the pain of being blamed for the end of a marriage. In fact, spouses both feel a sense of relief when neither is forced to take full responsibility for the divorce. In the past, both women and men would feel trapped in marriages that did not work out. 
Although they were not happy in their marriage, they still did not wish to harm the other person’s reputation by making false accusations so that the courts would find a spouse at fault. Now, no-fault divorce laws allow couples the opportunity to divorce in the absence of undue harm to either individual’s reputation. In addition, no-fault divorce law spares the psychological health of both spouses because they are not forced to make accusations, or defend themselves against accusations. 
In either case, spouses can suffer irreparable harm to their over all health and well being. No-fault divorce law also allows couples to save a lot of money. In contested divorces, individuals are forced to spend more time with separate lawyers and are also required to spend more time in court proceedings in order to achieve a resolution. However, no-fault divorce law helps couples to avoid such intense legal battles.
Couples that can resolve their divorce in the absence of blame, often find the process to be much more beneficial to all involved parties. For one thing, couples that utilize no-fault divorce law, are often able to remain on good terms. In addition, couples are generally reach a settlement much quicker, eliminating the stress of waiting. Oftentimes, couples that utilize no-fault divorce law find that the process is much less damaging to their over all well being than other types of divorce.

No Fault States that Allow and Variations

No Fault States that Allow and Variations

In the past, couples had to make accusations against their spouse, so that one spouse would be found at fault for the divorce. However, many judges began to realize that many of the accusations were false and people began to perjure themselves in order to be granted a divorce. Many couples would set up scenarios in concert, that would make it appear that one spouse was at fault. For example, they would set up a scenario that appeared like an affair and one spouse would take responsibility willingly, even though they had actually done nothing wrong. 
Many judges began to feel that divorce was causing the divorce courts to lose respect in the eyes of the citizens. In 1969, California passed the Family Law Act. This allowed couples to divorce for irreconcilable differences, or take part in no-fault divorces. California became the first no-fault divorce state, allowing no-fault divorces when both spouses, or one spouse wished to be granted a divorce in the absence of accusation that either souse had done anything to void the marriage contract.
Currently, most states are no-fault divorce states. However, some states have differing requirements for couples that wish to be granted a no-fault divorce. Although there exist states are allowed to have their own laws regarding any family law case, some of these practices include the requirement that couples live a apart for a certain amount of time before they can be granted a settlement. After California became a no-fault divorce state, almost all of the other states followed. By 1983 all but two states were no-fault divorce states. 
Currently, all states except New York, are full fledged no-fault divorce states. Some no-fault divorce states have special requirements for couples that wish to obtain this type of divorce, while others simply grant them. New York requires that spouses have a separation agreement notarized by a notary public. Couples must live separately for one year after which time a judge can grant  no-fault divorces. 
However, New York still lacks a clear and concise statute that would make no-fault divorce legally allowed. Many states have similar requirements such as state residency for certain periods of time, such as six months. Some states also require that couples live separately for some time before a no-fault divorce will be granted.
No-fault divorces are currently allowed in most of the United States. However, many states have begun actions to repeal that allowance in favor of hoping to have couples stay together. There are individuals that struggle with this type of divorce because divorces in which one spouse is found at fault, often involve the no-fault spouse receiving additional assets and possibly alimony. 
However, those types of divorces can take years to reach a resolution, which ends up costing both spouses an exorbitant amount of money. No-fault divorces can be simple, save money and be granted in a quick and efficient manner. Perhaps, that is why so many states now allow no-fault divorces.