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What is No-Fault Divorce

By Leroy Batard Subscribe to RSS | May 1st 2012 | Views:

No-fault divorce is a kind of divorce in which, neither the husband nor the wife has committed wrongful action. The persons filing for petition need not show any evidence that the respondent has done any wrongful action. Normally, the person who files petition in the court reveals to the court that the respondent has caused breach of martial contract. But when a person is filing for no-fault divorce, then he does not blame the respondent. Usually the people who wish to remarry file a no-fault divorce petition because they can secure divorce very quickly and do not face any complication. Hence they do not blame the respondent in a major way.

But the laws are stringent in some parts of the United States such as Albama and hence they do not easily grant divorce for no-fault divorce. The no-fault divorce is also stated as a divorce act that takes place due to the mutual consent with each other. Some states allow the couples to file joint petition also. Usually when the couples are undergoing no-fault divorce, they agree with each other in most of the aspects. They are easily able to compromise on matters such as property issues, asset division, bank accounts, mortgages and other financial aspects. They are also able to decide about child custody.

Most of the couples state to the court that they were not able to get along with each other or openly communicate with each other in any terms. Most of the states grant divorce to the couples if they are seeking for mutual divorce. They usually state the terms such as 'incompatibility' or 'irreconcilable differences' in the petition letter. The couples should live apart from each other for a period. They may live apart for six months to one year. Even if they are seeking for no-fault divorce, they should follow some legal terms when they are handling the financial aspects or child custody aspects.

When the petitioner blames the respondent for breach of martial contract, then this term is known as 'fault divorce'. The court handles most of the issues for fault-divorce such as property division, asset division, bank accounts split, child custody etc because the couples are unable to decide upon such issues. Usually the respondent pays huge amount of compensation for fault-divorce.

Following are the advantages of no-fault divorce.

a. In the United States, the divorce rate has drastically dropped since the enactment of non-fault divorce was introduced.

b. The man or the woman who is suffering from his or her spouse since longer period can easily gain relief.

c. The sentiments of the children are not broken so deeply and the process of divorce becomes easier.

d. The couples can acquire divorce within a shorter period of time.

e. The children who are abandoned by their parent continue to acquire care and protection because the social relationship between the spouse is not spoilt.

Usually the family court undertakes decisions regarding the financial aspects and child custody, although the couple is able to decide peacefully between each other harmoniously.

Leroy Batard - About Author:
"What is No-Fault Divorce" is an article of StateDivorce, a database of Hialeah, FL lawyers.

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