However, the advent of no -
fault divorces makes the issue less clear.
The supine acceptance by many churches of
no fault divorce makes the «I have become a Christian so it is all different now» defense appear implausible, even if it is actually true in specific cases.
Not exact matches
The Pill, no -
fault divorce, and now gay marriage have
made traditional sexual ethics look outmoded at best and....
Long before there was a debate about same - sex anything, far too many people bought into a liberal ideology about sexuality that
makes a mess of marriage: Cohabitation, no -
fault divorce, extra-marital sex, non-marital childbearing, massive consumption of pornography and the hook - up culture all contributed to the breakdown of our marriage culture.
The Nuffield Foundation's new report called «Finding
Fault» claims sixty per cent of
divorcing couples are
making up stories of adultery and bad behaviour in order for the
divorce to go through quickly under «
fault - based» laws.
He explained: «By introducing a no
fault system - a genuine no
fault system, it actually wouldn't
make divorce easier, it would actually
make it ever so slightly harder.
Wolfinger also explores the
divorce reform movement in America and argues in favor of no -
fault divorce laws, arguing that a return to an age of tough
divorce laws would recreate the social conditions that used to
make divorce harder on children.
Women's groups are largely responsible for
making New York the last state in the nation to adopt no -
fault divorce.
Giuliani's
divorce attorney, Raoul Felder, said no -
fault divorce «
makes victims of the wrong people.»
Opponents, which included an odd coalition of the Catholic Church and women's advocacy groups, argued no -
fault divorce debases marriage,
making it too easy for couples who should be working out their problems to throw in the towel (the church) and suggested it will now be too easy for the wealthier spouse — usually the man — to leave their partners without adequate resources (NOW - NYS President Marica Pappas blasted what she dubbed «
divorce on demand»).
A recent survey published by Liz Trinder at the University of Exeter suggested that 62 % of petitioning parties and 78 % of respondents said that using
fault - based grounds had
made the
divorce process more bitter.
Proponents now want to
make the course a prerequisite of filing in the hopes that it will be more effective at keeping families together - not a surprising goal, perhaps, for one of the last US states to embrace no -
fault divorce, and one with a substantial Mormon population.
LetsGetDivorced.com provides a very powerful and easy to use online legal document assembly app that
makes it cheap, quick and easy for people to file a no -
fault uncontested
divorce in New York State, without using an attorney.
I combined my legal skill and expertise in creating affordable, easy - to - use web applications, with my passion to help people improve their lives, and founded LetsGetDivorced.com to
make divorce less stressful, simpler and very affordable, for spouses who can agree to file a no -
fault uncontested
divorce.
Further, a
divorced wife may be entitled to compensation if the
divorce is
made without any
fault on the part of the wife.
Family lawyers aren't much help either, and no -
fault divorced may be an «easy out» for one person to
make a unilateral decision to end the marriage.
Outside, the Royal Courts of Justice today, Lord Justice Munby spoke of a move towards a no
fault divorce process
making divorce an administrative matter dealt with at a register of birth, death, marriages (and
divorces).
To
make a determination as to what is considered equitable, the court must consider the entire situation, including the length of the marriage, ages of the spouses, contributions of each spouse to the marriage, and tax consequences of the division; however, the court is not allowed to consider whether either party is at
fault in the
divorce.
Since the failure of the marriage is not a moral question, no -
fault makes other facets of the
divorce — property settlement, support and custody — easier to negotiate.
No -
fault makes divorce less expensive by reducing or eliminating legal battles, and because of this, a more civil environment to
make support and property settlement decisions.
Although the courts will not consider
fault when distributing marital property, the law permits judges to include it as a factor when
making decisions about permanent alimony or spousal maintenance after your
divorce is final.
The court is under no obligation to
make the division equal, but must divide the entire estate according to the equities of the circumstances after considering such factors as the length of the marriage, the age and income of the spouses, and any
fault established in the
divorce.
Under no -
fault, spouses have grounds for
divorce when they agree that they can no longer
make their marriage work, yet neither spouse is at
fault for this breakdown.
Ninety (90) days from the date of the judgment of
divorce nisi, your
divorce will be final, which
makes for a total of four (4) months from the hearing date for a no -
fault, uncontested
divorce.
Filing a no -
fault divorce takes away the need to provide extensive evidence to prove a
fault - based ground, generally
making the
divorce process quicker and less expensive.
Now, 40 years after «no -
fault»
divorce laws established modern
divorce standards (generally equal division of property, significant sharing of the children, and support of a lower earning parent by a higher earning parent), most families don't even need family court to
make their decisions.
With no -
fault divorce the universal rule in the United States after the New York legislature's action in 2010, the temptation may exist to believe that an organic evolution in marriage law has run its course and that American society has reached a new consensus to
make speedy
divorce normative practice.
These two characteristics
make a
fault divorce more attractive to some people.
No -
fault divorce laws were adopted beginning with California in 1969 and then spread to all 50 states.5 During the 1960s and 1970s, legal access to birth control including oral contraceptives became increasingly available, and in 1973 the U.S. Supreme Court
made abortion legal in the landmark Roe v. Wade decision.6 These cultural changes created new opportunities for women and led to an increased presence in the labor market, doubling from 30.3 million in the 1970s to 72.7 million in the mid - 2000s.7
Ultimately, whether you allege
fault grounds or no -
fault grounds in your
divorce complaint is your decision to
make, after thinking through and discussing the pros and cons with your lawyer.
Instead of trying to force your child to tell you which parent they love most, focus on
making sure they know any separation or
divorce is not their
fault and that both of you still love them the same as you always have.
In
making an equitable apportionment of marital property, the family court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the
divorce; (2) marital misconduct or
fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its order.
This story shows that
divorce happens when two people are too different to
make a marriage work, without blame or
fault.