Fault And No Fault Divorces
In fault divorces, the complaint for divorce must state grounds for divorce. They include cruel and abusive treatment, adultery, abandonment, and other types of misconduct. Don?t be fooled by terminology. Each ground is a term of art, a specific legal definition, not a layman?s definition. Ask your lawyer about grounds and their definitions. But remember, conducting a moral campaign to prove fault may backfire. It?s a high price for self-exoneration, so question counsel whether it really makes sense. No-fault complaints for divorce merely allege an ?irretrievable breakdown? of the marriage, or use similar language. The court must find that the marriage has ?irretrievably broken down,? leaving no chance of reconciliation. Since the 1970s most states have allowed no-fault divorces. No-fault divorces are contested or uncontested. Where the parties present an agreement for the court?s approval, their divorce is said to be uncontested. If the parties can?t negotiate an agreement, their divorce is contested and goes to trial. Fault and Punishment. Divorce judges seek fair results, not retribution. Many parties believe judges punish fault by penalizing the guilty. Judges are not grand inquisitors reigning terror on unfaithful spouses. Behavior must be outrageous, and we mean totally shocking, before most judges will punish the guilty.
Question: How do no-fault divorces specifically benefit women and discriminate against men? Perhaps I misunderstand the laws, but I am under the impression that no-fault divorce is applicable to both parties
Answer: All of the assets at the time of marriage are assessed. Both parties are entitled to keep these. Everything acquired during the marriage including the home, cars etc. are split in half. That means the wife and husband get half of the assets and half of the debt. Contrary to popular myth the wife DOES NOT automatically get the house. Unless she can afford to buy out his half the home is sold the mortgage paid of and they each get half of the liquidated assets.
This doesn't help the woman because most times she is told to go and find a job. This makes it difficult if she has been out of the workforce for twenty five years and has no marketable skills since as a family they decided she would be a SAHM. Now we understand why this law certainly doesn't benefit women as much as it does the men who rode to success on the backs of these women just to discard them when they decided they wanted something different.
Question: What percentage of no-fault divorces? What percentage of no fault divorces are for legitimate reasons like abuse or cheating?
What percentage of no fault divorces are for trivial reasons?
Answer: No one divorces for a "trivial" reason. Dissolving a marriage is never trivial for either person who is getting the divorce.
Question: should no fault divorces still be allowed? it use to be that if you filed you had to have a real reason to split and the courts would not let you get a divorce if your reason was not good enough!
Answer: I don't know. Maybe you have good reason to get divorced but you don't want it in public records.
Question: why do they have no fault divorces? i see this is a way to protect women, cuz if men cheat and its their fault the marriage is over they are going to pay no matter if its their fault or not, but if its the wife's fault then there would be a legal way to keep her from getting the kids, or any extra money!
Answer: The view of the law is that women often put their career aside to tend to the household and children. They should be compensated for that. Would you rather spend $100,000 on an attorney to defend yourself from claims in an "at fault" divorce trial? No fault makes it less costly, more fair (not unjustly so) to women and a less painful, more efficient divorce process.
By the way, after being ordered to give her about $300,000 of money I earned, I have to pay my c*nt ex-wife $2,000 every month even though we have no minor kids. So when I still say the system is fair that means something.
Question: Do you feel that "No Fault" divorces have led to the rise in divorce numbers? - see details below? No Fault divorces are easy as pie to get and the blame falls on neither person. Are irreconcilable differences, which are neither ones fault another piece of the puzzle. Is it the easy way we can attain divorces or is it the decline put on the seriousness of marriage and staying married? Where did soul mates and true love go?
Answer: Over the years (21) we've had many 'irreconcilable' differences. It's painful to sort them, but far worse to let them fester until they cause bitterness and words are spoken + confidences broken, third parties invited to take sides etc, etc, until even every shred of affection have evaporated.
Your point about soul mates & true love is the basis behind the whole institution.
(That is not me recognising there are marriages which should never have taken place.)
Question: Agree or disagree: No-fault divorces should be abolished? The fault divorce could still be in place for the serioius situations. Just remove no-fault divorce so it's not so easy and people (in general) would need to marriage more seriously.
Answer: I agree 100%. Like any other contract, whoever violates the trust of the marriage should NOT be entitled to half of the property or assets. I live in California where I could literally come home, see my wife doing an 8-guy gang bang as she points and laughs at me, and she'd STILL get 50/50. Not to mention child support and alimony. Nice, huh?
Question: What is with the no fault divorces? Why do people file for it and what does it mean?
I thin no fault=both at fault....
You just dont end a marriage for the sake of ending marriage lol
Answer: Irreconcilable differences, amicably, no one is at fault, property is agreed upon.
Question: Should No fault divorces be taken away? So if a couple is miserable and fighting all the time...they will have to wait until one of them cheats on or abuses the other to get a divorce.
See I dont get it....So many point at feminism for the increased divorce rate. B/C feminism supported the "no fault" divorce law......But yall do see the need for it and dont want to do away with it.
So does it boil down to "feminism was involved so we are going to complain about it."
Answer: What a disaster if that happened. Then all the muck throwing and dragging the families dirty laundy through the family courts. The harm this did to children was a sin.
Question: do you agree with no fault divorces? i think if you are the reason for the divorce, then you should get nothing!! no half, no kids, no house, no car, nothing!!!
if she cheats and he files she should get nothing!!!
Answer: ideally, Yes!
whatever reasons.... the legal system is still here to protect the woman.... even man & woman are today equals....
anyway, persoanlly, agreed to you.
Question: No fault divorces? IF my ex files for divorce, and I'm not there, how long would it take for the divorce to go through? OR do both parties have to show up and plead no contest? How does that work? I live in the states, and he lives in india, so does the judge have to see proof that he gave me papers, or do I have to actually show up for the divorce to happen? Please give me a detailed response. thanks. Be honest, thanks.
Answer: I been observing your questions here but you never clarified the details of your marriage ever. Only in this question you mention that your husband is in India. Firstly what is most important thing in any divorce case are the facts of the marriage. The District judge has to be satisfied about the actual valid marriage existing between the parties with proof of such marriage. In your case what I can make out you are American lady got married to Indian man. What all important thing in your case are the form of marriage whether religious or civil, in case it was religious marriage then religion of both the parties, proper & complete ceremonies of religious marriage & registration of marriage. So in simple words you being American Christian Lady did you marry this Indian Hindu Man according to religious marriage i.e. Hindu marriage by your proper conversion to Hindu religion or you both married in a civil marriage which also called court marriage under the Special Marriage Act, 1954 before the Marriage Officer in India? If your marriage is valid then only the court will proceed with the decree of divorce but if your marriage itself is not valid as I have seen in most of Indo-American marriages where the Hindu Indian man very cleverly get Christian American lady marry according to Hindu form of marriage without her proper conversion to Hindu religion then court will dismiss the divorce petition for want of proper valid marriage between the parties. What actually happens,when it comes to matrimonial dispute the Indian Hindu Husband very cleverly tells the court he never ever got legally married to the lady as she was Christian by religion & he Hindu hence their Hindu Marriage is invalid rather void abnito. Even if we consider your marriage is valid & now your husband seek divorce by mutual consent (no fault divorce) in India, then you both have to file joint petition for divorce & your both appear before the District Judge on first date of hearing & record your statement with regard to this marriage, after which a six months or more date is given for appearing again by both of you & request again the district judge for finalization of this divorce, this is the general procedure, with few changes in it but some what similar in India as far divorce by mutual consent is concerned. The district judge will not pass order or decree of divorce unless he sees you, record your statement in the court, there is no ex-parte decision in this type of divorce. Yes if he files a unilateral divorce petition where you fail to appear the judge will proceed with ex-parte proceedings, record his evidence & pass order for divorce on his petition if there exist sufficient evidence to grant him divorce. The copy of such divorce order & its decree can be obtained by you any time by paying cost for such attested copies from the court. If you want to contest his petition for unilateral divorce you can do so by appointing a lawyer for you who will attend the court on your behalf & will defend your case, your presence will be required only when you have to make statement in the case or if the District judge want you to be present for counseling purposes otherwise you need not be present. Hope all this legal information is sufficient for you. Edit:- based on the facts regarding the religion of both of you is catholic Christian; See even if both of you are catholic, the real thing is according which Act you got married was your Marriage performed & registered under the Indian Christian Marriage Act,1872 before the Marriage Registrar or under the Special Marriage Act,1954 before the Marriage Officer/Registrar. In both cases the matters relating to annulment or divorce have to be decided according to the provision under which your marriage has been registered, for the marriage if registered under the Christian marriage Act, 1872 then the matter relating to annulment or divorce will be decided under the Divorce Act which covers the Indian Christian Marriage related disputes whereas the Special Marriage Act, 1954 itself provides for disputes relating to marriages performed & registered under this Act. This seems bit confusing but this how things go on in India. To understand the Indian Matrimonial laws you require whole lifetime as I have done in my career of 25 years in legal profession & still I sometime miss few points. That is the reason I suggest every one to consult or engage a lawyer to deal matter relating to both marriage as well divorce who understand these. As far ex-parte proceedings in annulment or in divorce the evidence he produce should be enough for the district judge to be satisfied in granting him decree of annulment or divorce as the case may be.
Question: Hasn't the no fault divorce laws harmed children and men in our society disproportionately? ? Statistically, 75 percent of divorces are initiated by women. With the alimony and child support laws and division of property, oftentimes, men are left having to support two households if they can. And many are left alienated from their children. And studies have shown that the long term effects of divorce on not good for the children as well and have life altering consequences. So, do you think divorce has harmed men and children moreso than women?
Answer: No, it is just the opposite. More women file for divorce than men because most women cannot wait around for financial support, particularly if they have children and are only able to manage low paying jobs (yes, women comprise a great deal of that work force).
If you are supporting two families...we basically know WHY you got a divorce.
Women who receive alimony only (married many years, divorced when old, may not have jobs or have health problems) cannot remarry and receive alimony while a man can remarry as often as he wants (I suggest you marry a feminist with a great income).
In many states alimony is not awarded but separate maintenance which is only awarded for a short, given amount of time. In short, the deck is still stacked in the man's favor.
Difference is now, as Madonna learned...even women can have to pay a settlement or alimony.
Child support...well...no one should even have to ask about the fairness of that, they are YOUR children too and I think you would want the best for them whatever you have to do.
It seems to me that it would be a fairer and more important concern to address keeping marriages and families together. Even adult children suffer greatly from the break up of families.
Question: What forms to I need to file to get a no-fault divorce in virginia? I do NOT need an attorney. We have amiably seperated and just want the process done. What forms are required???
Answer: My advice is to go to the Clerk of Court where you live, and ask them what forms you need, and what you plan to do. They can, and will help you!
Question: when is the start point for waiting period of one year after a no fault divorce in SC? I am asking for a friend of mine, he's just filed a separetion paper but not yet been signed by his wife. he goes to a no fault divorce, my question is:
1how long does he has to wait to remarry?
2If it is one year he needs to wait out, does this waiting period start form the date his separetion decreed?or divorce decreed?
3does this begin from the date he filed for a separetion, or does this begin from both spouses signed the separetion paper?
Thank you in advance for your advices and answers.
he is a good friend, I'd like to help him
Answer: (5) On the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year. A plea of res judicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground.
Your friend must wait one year before a divorce is granted...having lived seperate and apart from his wife for that year. After the divorce is granted he can get married any time.
Here is the link to the S.C. Laws concerning divorce:
Question: Conservative Christians: Would you vote for a package ban on gay marriage AND "no fault" divorce? Considering Jesus explicitly banned no fault divorce? (Mark 10)
If you are going to force unconverted people to live by your religious standards, why not go all the way and hold yourselves to the same standards?
Answer: Sure. No fault divorce has done just as much damage to the institution of marriage than gay marriage will. When you make it easy for people to sin and disobey God, you will find that they do it more and more and then will eventually harden their heart to sin.
That's the problem we are in right now!
Question: how much is a no-fault divorce if one party had kids from a previous relationship? My boyfriend was married but seperated, and his ex-wife had kids from a different guy. if their divorce was a no-fault and/or they both agreed to divorce, how much would that cost be?
Would my boyfriend be required to pay his ex-spouse money for her kids that are not his? Does that make things more complicated?
Or, should it be a pretty simple and cheap cost?(as opposed to a messy divorce)
Answer: It can be a cheap divorce depending if she don't fight it!
He don't have to pay child support UNLESS he adopted the kid!
Question: How much for a no fault divorce? Hi my husband and i are gettin a divorce and i would like to know how much it will cost. Its a mutual divorce...no kids...and i dont want any of his stuff or money. So do we just pay for paperwork to be filed? Please help!! Thank you....ps. we were only married for almost 2 years like a year and 9 months
Answer: Yeah, you can go directly to the courthouse fill out the papers and file uncontested divorce here takes 30-60 days but pretty inexpensive
Question: Agree or Disagree: No-fault divorce should be abolished? The fault divorce could still be in place for the serious situations. Just remove no-fault divorce so it's not so easy and people (in general) would need to marriage more seriously.
Super Ruper: That's not an answer.
Super Ruper: Thank you! Now to answer your question.
Yes, you have my beliefs down correctly.
Melimar: I don't understand how I'm trying to control the intimate decisions of others. I'm stating that I don't agree with no-fault divorce but that fault divorce should still be out there. So how am I trying to control their decisions?
Also, just because I don't agree with someone's decision doesn't mean me voicing my opinion against it is controlling their decision. That's like saying that no one should ever voice their opinions as they might be trying to control everyone's decisions.
Answer: Considering that "no-fault divorce" accomplishes nothing less than punishing the innocent while rewarding the shallow and lazy, it should be eliminated. In fact, it should never have come to fruition.
It reduced marriage to nearly the same state as 'going steady' but with fiscal punishment for the one more willing to work on the relationship.
For those who may think it good that women can now escape a "loveless marriage", it simply provides yet another way to avoid the responsibility of one's choices and adds the 'benefit' of punishment of the faithful. Marriage has become a venue that requires no thought, no introspection, no responsibility and no integrity.
In my opinion, those seeking a "no-fault" divorce should be allowed to walk out with nothing more than the clothes on their back.
Question: I am looking for some info on a no fault divorce? Is there a way to get a divorce and only pay for your half of it and make the ex pay for the other part?
Answer: Yes there's one such way. But I am not sure whether it is applicable to you!
Please consult a good lawyer and ask him whether it is applicable to you.
Take care dear.!
Question: What are the odds of getting a no-fault divorce from your in-laws? Worry not, though, friends -- wife and I are okay . . .
I mean, I guess I always knew they wouldn't really ever understand me, but that was when I was trying to be like them and didn't care. Now . . . I dunno. One of 'em has an outside chance, but the other, not so much.
It's odd when you love people you're not sure if you like, or even want to . . .
Answer: Ah the true reason behind insisting on a prenupt agreement...you get to write the inlaws out of the contract..
Question: No fault divorce: can a divorce ever be TRULY nobody's fault? I would say out of the divorces I've seen (pretty typical ones), 80% of them were one person's fault and the other 20% were both people's faults.
I've never seen one that was nobody's fault.
Opinions, experiences? Share.
Answer: In my divorce we were both equally at fault in the breakdown of the marriage. Anyone that claims they weren't at fault is lying--it usually takes two for something to go wrong! I live in a no-fault state though so the divorce judgement states that.
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