No fault Divorce
Marriage being a part of our lives and divorce is the
annulment or
dissolution of the marriage. Marriage occurs due to the yearning for a
companion, while divorce is due to the fact the feeling of oneness,
yearning is missing. Earlier in US, divorce could only occur if either
party was proved guilty of doing something wrong like adultery,
domestic-violence; which was not very agreeable to many as it increased
the burden. Thus, no fault divorce concept was developed to give a way
to the couple to file for a divorce on simple grounds of not being able
to live together.
No fault divorce is a kind of divorce where the termination of a
marriage does not occur due to the fault of the partners and does not
require any evidence for it. It can occur with a petition filed to the
court, mainly a family court and either of the partners can receive the
dissolution even when objected by the other partner. No fault divorce
is an easy way of getting divorce and has led to the rise of divorce in
marriages in America. In the US, the laws for no fault divorce came
into existence in the 1970s and were adapted all over the nation. No
fault divorce was legalized by 1995 in all the states. Feminism has
also created battle between the genders on a personal extent and the
NAWL (National Association of Women Lawyers) claimed the credit for no
– fault divorce, which is described by them as being the
greatest
of all of their projects. When the Uniform marriage and divorce act was
produced by the NCCUSL (National Conference of Commissioners on Uniform
State Laws) by the persuasion of American Bar Association, it
revolutionized the society in such a way, that it affected the
marriages in the society in a very destructive way under the name of
human rights and liberation.
The idea for no-fault divorce was actually derived from insurance of
automobiles. It is a divorce which is one-sided and unintentional where
the dissolution of marriage without the consent or fault of the other
partner. The reality is that the courts work in favor of the marriage
violator, granting divorce for no particular reason. In this divorce,
the defendant is not supported with a defense and is found to be guilty
of incompatible differences with his spouse. As a healing measure, the
fault of a marriage split must be equally shared between both the
partners when the divorce is unilateral.
In no-fault divorce it is assumed that both of the parties are equally
at fault without declaring anybody as innocent. The one assumption is
that the cause one person’s unhappiness is due to another in
the
marriage. Once no-fault divorce came into existence the spouses found
that their marriage ended in no time and were not even aware of what
the trouble was.
No-fault divorce is a divorce which is granted on the basis of
presenting by either of the spouse that a marriage is broken forever.
As a matter of fact in practice, a couple which agrees on divorce can
negotiate a settlement of property and other matters, the court would
approve of such an agreement in a very simple and short hearing. The
settlements of finance regarding divorce are these days based on the
need, the capability to pay, how much can given to the family economy
and other special situations, to a certain extent than on the fault
which was common under the previous law.
The basic job of a lawyer is to represent the best of interest of the
client. He serves as anadvocate. By knowing about what procedures to
follow and what papers to be filed he acts as a negotiator. It is
noticed very often, that the two people who are in the process of
dissolution of a marriage are not able to discuss calmly and
reasonably. Sometimes they do not even stop at divorce. Most
importantly, neither party proficiently agrees to a divorce resolution
without being correctly advised on his or her legal obligations and
rights. Both parties should comprehend the divorce agreement and the
court’s decision. By giving both legal and practical advice,
a
lawyer will be able to help at all the stages of the proceedings of the
divorce.
The charges for the divorce depends on a whole number of factors, like
if the divorce is contested, whether there are any children involved,
if the debts or property to be divided, how willingly do the parties
negotiate, and the total amount of time that the lawyer would spend on
this particular case. Most lawyers will charge a precise fee for an
uncontested and a simple divorce. No-fault divorce provides as an
economic incentive for single aspiring mothers to start one-sided
divorce with no particular reason, like abuse or adultery. When mothers
win the child’s custody, the fathers are ordered to give the
mother what is called as child support. No-fault divorce is a one-sided
divorce where marriage, family and home are abandoned by one of the
spouse where as the other tries very hard to hold the marriage.