What You Didn’t Know About No Fault History

What You Didn’t Know About No Fault History

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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.

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