Uncontested No Fault Divorce

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Divorce is a legal way of ending a marriage which binds two people in a bond of love, trust, understanding and commitment. When spouses fail to find all these emotions in their relationship, they try to get separated from each other so that they can think of their individual lives and make a new beginning. They file for divorce, go through the necessary procedures, and obtain the final order from the court. It is necessary to show and prove the causes of divorce. Some couple file for separation on the basis of 'irreconcilable differences', and this is known as no-fault divorce. Such a case, where the partners agree with each other on all ongoing issues is called as an Uncontested no-fault Divorce. Many times it happens that the separating couples are not able to adjust with each other in their daily lives; they do not want to make their private matters public, and easily agree on all the terms of divorce. In all these conditions an uncontested no-fault process seems to be the best option.

The first no-fault laws were passed in the United States by the state of Oklahoma in 1953. There was a gap of 17 years after which the second state in the country continued the trend. California passed the 2nd no-fault law in the nation in 1970. Gradually, other states also accepted this trend. Since the late 1980's, no-fault divorce has been prevalent in all 50 states in the USA.

Today uncontested no-fault process has become a common phenomenon in the USA. If you want to file for such a case, you must be familiar with the benefits and drawbacks of this process. These are described as follows:

Advantages of Uncontested No-fault Divorce

  • The duration of time required to obtain the Divorce Decree is lessened. Consequently, the span of time spent in a stressful ambiance is decreased.
  • The heavy caseloads of family courts are reduced.
  • As there is less conflict during the procedure, there is less emotional harm to the children of the divorcing parents.
  • If someone is suffering from an abusive marriage, it is easy to leave the other partner by following this particular process.
  • There are statistics which prove that the states in which no-fault laws were adopted witnessed a decrease in the rate of domestic violence.
  • Instead of using fault as a basis for financial settlements, the divorcing couple can consider the following issues for this settlement:
    • Contribution of each partner to the family finances
    • Capacity of the individuals to pay
    • The need of the individuals to pay

Disadvantages of Uncontested No-fault Divorce

  • Prior to the introduction of no-fault laws, the allegiance of the Family Court Systems was with the institution of marriage. However, after these laws were introduced, the loyalty occurs with the institution of divorce. In the past, Family Courts used to attempt to safeguard the sanctity of marriage. However, presently, the main intention is to result an easy and quick separation.
  • The vows and promises made by a couple to each other have lost their charm. This is proved by the high rate of divorce in the United States.

The Current Scenario

Randall Hekman, former Judge in a Family court, has stated that due to the introduction of no-fault divorce, it has become simpler to divorce a wife who has accompanied her husband for 26 years as compared to firing a person who has been hired 7 days back. This person who has accompanied the boss for only 7 days has more legal influence than the wife of 26 years. Randall is of the opinion that this is not a correct scenario.

Everyday, one can come across proof that the American family system is breaking down. There are several people who believe that this breakdown is due to uncontested no-fault divorces. Such cases have decreased the value of marriage. Hence, married people are reluctant to invest much time to save the marriage.

It has been found out that 97 percent of married couples in Louisiana start their marital life with a thought that they may have to stumble upon uncontested no-fault laws. This is evident from the fact that a majority of married people do not have any problem with these laws.

Getting separated from your spouse is a significant event that brings a number of changes, both expected and unexpected, in the life of the partners, their children and families. So think a number of times before going for separation. Similarly you need to consider the advantages and disadvantages of an uncontested no-fault divorce before taking the final decision.

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