No Fault Divorces

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No Fault Divorces have been defined as dissolution of a marriage in which the divorcing partner, who files the Petition for divorce, need not submit any proof regarding any wrong-doing of the other divorcing partner. The laws framed for this sort of divorce empower the family courts to grant a divorce when any party files a Petition requesting divorce. If the other party prefers to continue the marital status, then, the potential legal defenses of such a party are limited by no fault divorce laws.

Statement of the Petitioner

The Petitioner or the Plaintiff has to simply mention in the Petition or Complaint for Divorce that the marriage has been broken down irretrievably, due to one or both of the following reasons.

  • Incompatibility of temperament
  • Irreconcilable differences

Beginning of No Fault Divorces

In the past, when only fault divorces were the routine, judges and attorneys became weary of handling contesting couples who adhered to practices like telling lies and distorting facts. A lot of time was wasted in determining which divorcing partner had executed which action in marital life. Gradually, the judges and attorneys came to the conclusion that the fault method of divorce was threatening the integrity of the family court system. These people felt that there was a need for an alteration in the divorce laws. This is how the concept of no fault divorce bloomed.

During the 1917 Communist Revolution in Russia, the concept of no fault divorces first came into existence. As per this concept, the churches no longer governed the terms of divorce. Instead, people could terminate their marriages at a brisk pace.

Although, Oklahoma became the first state in the country to introduce no fault divorce laws in 1953, the issue of no fault divorce received a real boost when California accepted this concept by way of the Family Law Act of 1969. In this year, the Governor Ronald Reagan signed this Act and it became effective from 1st January 1970.

Scenario of No Fault Divorces in 2009

There is only one state in the United States that does not implement strict no fault divorce laws and that is New York. All the remnant 49 states grant this sort of divorce. Some of these states also permit the divorcing partners to have some ground for divorce.

The most lenient no fault divorce laws exist in southern states like Georgia, Florida, Alabama and Tennessee. It has been observed that these states have maximum divorce rates in the nation. In states like Arizona, Arkansas and Louisiana, before the couple marries, it is given the choice that if their marriage terminates, then, which type of laws they wish to apply to their divorce. Thus, the couple can opt between no fault divorce and covenant marriage.

For the previous 40 years, the no fault divorce laws have been in existence. Since the introduction of these laws, the rate of divorce has gradually increased. Presently, these types of divorces are a favorite of the general public. It has been recorded that in Louisiana, approximately 97 percent of divorcing couple decide to embark on the route of no fault.

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