No Fault Divorce Law

No fault divorce is the legal dissolution of a marriage wherein it is not required that one spouse accuse the other of marital misconduct.  Laws that govern No fault Divorce allow the court to grant a divorce when one spouse petitions the court for a divorce citing incompatibility.  Other reasons to be cited for a no fault divorce are irretrievable breakdown of marriage, differences in temperament and irreconcilable differences.

The Law enacting No Fault divorce was first implemented in the State of California on 1st January 1970 in response to the fabrications spouses engaged in to obtain a divorce.  The No Fault Divorce Law made it possible to obtain a divorce both, by spouses wanting a divorce by mutual consent or by any one spouse wanting a divorce on grounds of ‘irreconcilable differences’.  As of now all the States of America except New York have adopted the No Fault Divorce law. Some States require the couple to stay separately before they are granted a no fault divorce.  No fault divorce is the common approach to divorce.

Pros of No Fault Divorce

  • Suicide amongst married women reduced by 20%
  • Domestic violence against women dropped by 30%
  • The domestic murder rate for women declined.
  • Waiting period for no fault divorce is shorter thereby reducing expense, stress and caseloads in the family court.
  • No fault divorce removes fabrications that people indulge in to gain a divorce.

Cons of No Fault Divorce

  • It has made divorce easy and spouses now do not avail counseling or take steps to save their marriage.  Marriage has become a disposable institution.
  • The sanctity and value of marriage has deteriorated and the family structure is broken.
  • Custody of children is not granted to men, even though they may be more deserving.  Family courts always grant custody to mothers.
  • No fault divorce limits the options and legal rights of the spouse who does not want the marriage to end.
  • Alimony and spousal support suffer as both spouses have mutually agreed on the divorce and probably the weaker earning member will be reduced to a lower standard of living.

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