The concepts
of a no fault divorce and a fault divorce are state - specific and can also be confusing.
In the litigation
of fault divorce, the term used in the counterclaim to accuse the plaintiff (complainant) of adultery, if initially stated as a ground for divorce against the defendant (respondent).
Critics
of the no fault divorce laws here in the United States have long claimed that the ease of negotiating an uncontested divorce process is just too easy and actually encourages people to get divorced.
Tomorrow (4 December) MPs are due to debate the introduction
of no fault divorce, as Richard Bacon MP's No Fault Divorce Bill has its second reading.
Leading family law organisation Resolution is urging MPs to support the principle
of no fault divorce if they are serious about reducing family conflict and the ongoing impact of divorce.
Much like an annulment, they simply do not exist anymore with the advent
of no fault divorce.
The Virginia Court of Appeals then noted that under Section 20 - 91 (A)(9)(c), the entry
of a no fault divorce decree does not lessen the obligation of either spouse to support his or her spouse, unless the spouse proves the existence of a fault ground in his or her favor.
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.
They lack the social capital, and so will be more likely to become victims of the new regime of legal drugs, just as they've become victims
of no fault divorce and the sexual revolution more broadly.
The theory behind this partial resumption
of fault divorce is that if it becomes more difficult to divorce, there will be fewer divorces.
Not exact matches
Although all states now have «no
fault»
divorce proceedings, some jurisdictions still take into account the grounds for divorce when dividing assets, said Justin Reckers, a certified financial planner, divorce financial analyst and CEO of WellSpring Divorce Ad
divorce proceedings, some jurisdictions still take into account the grounds for
divorce when dividing assets, said Justin Reckers, a certified financial planner, divorce financial analyst and CEO of WellSpring Divorce Ad
divorce when dividing assets, said Justin Reckers, a certified financial planner,
divorce financial analyst and CEO of WellSpring Divorce Ad
divorce financial analyst and CEO
of WellSpring
Divorce Ad
Divorce Advisors.
First, it extends the logic
of the redefinition
of marriage which the earlier legislation on no -
fault divorce required: Marriage is no longer a lifelong, monogamous bond between two people
of the opposite sex intended for the raising
of children and the provision
of a stable family environment; rather, it is a relationship
of mutual convenience, to be dissolved as and when it becomes inconvenient to the contracted parties to maintain it.
I'm also quite capable
of debating with him about whether or not government marriage in New York should allow no -
fault divorce or whether married couples (as defined by the state!)
Many
of the leading writers on gay marriage have spoken well about the need to limit no -
fault divorce, and are clear about their moral opposition to contraception.
High in the catalogue
of social pathologies afflicting marriage and the family in America stands our system
of family law, the central purpose
of which is to enforce no -
fault divorce.
But there is no reason to believe that the widespread reenactment
of fault or more restrictive
divorce laws by itself would produce beneficial results.
Weitzman's The
Divorce Revolution led the proponents of no - fault divorce and women's independence to relinquish one of their fundamental beliefs: that the majority of women could sustain themselves financially after a divorce withou
Divorce Revolution led the proponents
of no -
fault divorce and women's independence to relinquish one of their fundamental beliefs: that the majority of women could sustain themselves financially after a divorce withou
divorce and women's independence to relinquish one
of their fundamental beliefs: that the majority
of women could sustain themselves financially after a
divorce withou
divorce without help.
Cultural attitudes that reject the gift
of life lead very easily to social acceptance
of abortion,
of no -
fault divorce, and
of fatherless families.
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 elected representatives
of the several states repealing laws that allow for no -
fault divorce.
The other, through the exigencies
of no -
fault divorce...
But when no -
fault divorce and contraception have become so commonplace, little remains
of the original arguments.
For the Church to blame contraception and women leadership on the
fault of divorce, rape, drug abuse in kids, people having sex before marriage on women is hypocritical.
No -
fault divorce changed the American culture
of marriage.
a / No
fault divorce, one
of the worst thing ever for marriages -LCB- and accompanying loss
of social stigma on divorcees -RCB-
This, it seems, is a part
of no —
fault divorce.
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.
When the
divorce revolution took off with the advent
of no -
fault divorce in the 1960s, experts predicted that marriages overall would be happier because all the unhappy people would get
divorced.
The sexual revolution and the impermanence wrought by no -
fault divorce have produced unprecedented loneliness and the phenomenon
of sad, bar - crawling post-divorcee moms.
Tubbs» targets range from no -
fault divorce to Supreme Court precedents undermining state regulation
of contraception and obscenity, and he has much that is interesting to say about each.
Perhaps the great
fault of positivism is that we were left with the presupposition that our science and technology ought to be
divorced from the cultures out
of which they arose.
As the libertarian blogger Megan McArdle once pointed out, that possibility is more likely than it sounds: With the advent
of no -
fault divorce and the extension
of welfare benefits to unmarried mothers, the late twentieth century demonstrated that marriage is both more important and more fragile than reformers had thought.
Well, honestly, we kind
of already have «no -
fault divorce» for most people with regard to church.
The first no -
fault divorce statute was drafted in California by a legislator who had ended a 25 - year marriage to wed a younger woman;
of the 14 assemblymen who testified for the law, ten were
divorced.
It shifted the normative image
of marriage from that
of an enduring covenant to that
of a limited contract — and later, under no -
fault divorce, to a contract that could be dissolved by either partner for any (or even no) reason whatever.
On another level, the revolution in no -
fault divorce law which has been
of no help to the modem American family has been legitimated by the individualist rights - discourse
of modernity, which Berger seems to believe is an unqualified good.
No -
fault divorce and the severance
of children from the definition
of marriage have already created a marriage culture that eats away at the ties that bind humans.
At the very least, she adds, the period between the filing and granting
of a no -
fault divorce should be lengthened: two to five years is the range in many West European nations.
Since the no -
fault divorce revolution began in California in 1970 and spread to all 50 states,
divorce decrees have generally mandated an equal division only
of the couple's present assets and liabilities.
And because we (thankfully) have no -
fault divorce, she doesn't have to offer an excuse to anyone, nor do any
of us seeking to end a marriage.
Once no -
fault divorce came along, the rates
of suicide, domestic violence and even murder at the hands
of their partner for women dropped dramatically.
A return to
fault - based
divorce is almost certainly out
of the question as a political matter, but some plausible common - sense reforms could nonetheless inject a measure
of sanity into our nation's
divorce laws.
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.
Because
of the financial and social hardship faced after
divorce, most people assume that generally husbands have instigated
divorce since the introduction
of no -
fault divorce.
«The best interests
of the child» governs in child custody, yet no -
fault divorce does not serve that end.
There were a lot
of other good books about
divorce for children, how it's not your
fault, and how mom and dad still love you, but not one on this issue
of transitioning between mom's house and dad's house.
The concept
of no -
fault divorce that is now legally enshrined (and is a good thing in itself) can unintentionally result in the individuals believing that they bear no responsibility for the breakdown.
And I think that no
fault divorce as a concept should be part
of our domestic relations law.
Giuliani's
divorce attorney, Raoul Felder, said no -
fault divorce «makes victims
of the wrong people.»
New York has officially become the last state in the nation to adopt no -
fault divorce following the governor's signature
of a measure that will permit couples to separate by mutual consent, signaling a major policy shift that has far - reaching implications for both families and attorneys.