You may have heard about no fault divorce from a lawyer, friend or family member, but are unsure about what this style of divorce entails. You might even be seriously considering this type of divorce for your own marital separation. But wherever you are in the divorce process, taking a look at some of the different elements of no fault divorce law and history will help you decide if this divorce method is right for you.
What is No Fault Divorce?
No fault divorce is the process of separation where neither party is accused of wrongdoing. In this type of divorce, a family court grants either spouse separation without requiring that they show a breach in the marital contract. This style of divorce also curtails the rebuttal of a spouse who would like to remain married. Basically, getting a no fault divorce states that one or both parties in the marriage are unhappy, but not because of any abuse or broken law. Instead, one or both of the spouses simply wants to separate.
What is some of the History of No Fault Divorce Law?
Before no fault divorce, there had to be fault in the marriage before the processes of divorce could begin. In this method, either spouse had to show that there had been some breach in marital contract. These faults included adultery, abandonment, felony, for example, but could even include recrimination, which is the legal word for doing something because someone else did it to your first.
Where is No Fault Divorce Available?
California was the first state permitting no fault divorce with the Family Law Act of 1969. in 1975, a similar set of laws was passed in Australia, making no fault divorce legal. Since then, other states have adopted similar methods for filing a divorce where no parties are to blame for a dysfunctional marriage. South Dakota and New York, though, were a little slower jumping on the no fault divorce bandwagon. While South Dakota adopted the law in 1985, New York still did not offer an equivalent until 2010. Interestingly, some areas of the world do not support the implications of no fault divorce. In Sweden, for example, obtaining a divorce is more difficult and reliant on many variables such as spousal blame and the age of any children from the marriage.
Where Can I Find No Fault Divorce Forms?
While getting a hold of no fault divorce forms may still be difficult in some states, the necessary legal paperwork for a no fault divorce can often be found at a legal or attorney’s office. You should also be able to find copies of the necessary paperwork online or at your local courthouse.
A No Fault Divorce and Your Separation
No fault divorce has been the choice for many couples looking for a blame-free separation easy on both parties. This style of divorce indicates no feuding and no blame, though. If there has been misconduct in the marriage, filing a no fault divorce might not be the right option for you. In these cases, reaping the benefits of an at-fault divorce will lead for more fairness for both parties. Don’t rule out this option for a peaceful separation, though. Many couples have utilized the no fault divorce and have been extremely pleased with the success it’s provided.
