Uniform Marriage and Divorce Act
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Uniform Marriage and Divorce Act was introduced as an effort to bring all divorce rules and regulations under one common jurisdiction. The act was established by the National Conference of Uniform Laws. The sole purpose behind this act was to unite the states in case of family laws and issues related to divorce. The act was accepted partly in some states, but it had its lasting influence on other states also. The important aspect of this act was, it legalized the no-fault divorce. So, irreconcilable differences was accepted as a valid ground for divorce.
The Uniform Marriage and Divorce Act (UMDA) specify standards regarding child custody, child support, alimony (spousal support), divorce property division, divorce and marriage. This extensive uniform law has been adopted by the following states.
The highlights of the UMDA had great impact on the overall procedure of the divorce. They are as follow -
Uniform Marriage and Divorce Act regarding Child Custody
The Act provides various factors that are to be considered while taking the decision regarding child custody. These factors are as follow
UMDA about Child Support
Child support is an amount paid to the parent who is awarded the child custody. The child support is the contribution of other parent in the upbringing and development of the child. While deciding the amount of child support, the below mentioned topics are taken into account.
UMDA about Alimony
Alimony is regarded as a financial assistance to the spouse who has been suffered economically due to the divorce. The educational level of the spouses and their future plans are considered while deciding the duration and amount for the spousal maintenance.
A spouse is offered alimony only in the following circumstances.
Distribution of Community Property through UMDA
The issues included in the contemplation of distribution of community property are as below -
Equitable Distribution of Property in Non Community States
In order to ensure an equitable division of property, the below mentioned factors are considered.
Abolition of Traditional Divorce Defenses
The following traditional defenses have been abolished.
Eradication of Fault Divorce
As per the UMDA, fault divorces are no longer permitted. The singular ground of divorce is irretrievable breakdown that takes one of the following 2 forms.
This is how the Uniform Marriage and Divorce act played an important part in changing the definition of divorce. It simplified the procedure for divorce for the people who want to get separated by mutual consent. Though it had a lesser acceptance, its influence lasted on the structure and designing of the family laws in other states also.
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