What Does The Term "no-fault" Divorce Mean?

[Garwyli]

Are laws different from state to state?

[Felix]

No Fault divorce is when neither spouse is required to prove "fault" or marital misconduct on the part of the other. To obtain a divorce a spouse must merely assert incompatibility or irreconcilable differences, meaning the marriage has irretrievably broken down. This means there is no defense to a divorce petition(so a spouse cannot threaten to "fight" a divorce), there is no derogatory testimony, and marital misconduct cannot be used to achieve a division of property favorable to the "innocent" spouse. Increasingly popular since the 1960s, no fault divorce is in effect in every state except Illinois and South Dakota.

[Tupper]

The idea started in and was coined in California. Lawyers wanted more business and decided that the way to get that was to go for quantity, not quality. The "No Fault" part was to say, "You're not wrong, I'm not wrong, we're merely ending this marriage we contracted to keep." The problem there is in the first two clauses: one or both are incorrect. It then merely splits the total assets in half, which is not always fair, either. In my parent's case, my mom was able to demonstrate that she'd paid much of the house payment with her inheritance, so she got to keep it. That's just as well, too, since she was blind and therefore unable to work at her trained job of nurse. She'd have been virtually homeless if the house had been sold. My dad was bitter, but it was HIS fault to divorce, not hers. Yes, my mom was psychotic; so what, he married her.  Anyway, every state enacts its own laws on things not mentioned in the Constitution, from driver's license to divorce, tho many imitate California. Check your own state, or better, discuss it with an actual attorney who would know.  danielpauldavis 43 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[Nouel]

Lawyers wanted more business and decided that the way to get that was to go for quantity, not quality. The "No Fault" part was to say, "You're not wrong, I'm not wrong, we're merely ending this marriage we contracted to keep." The problem there is in the first two clauses: one or both are incorrect. It then merely splits the total assets in half, which is not always fair, either. In my parent's case, my mom was able to demonstrate that she'd paid much of the house payment with her inheritance, so she got to keep it. That's just as well, too, since she was blind and therefore unable to work at her trained job of nurse. She'd have been virtually homeless if the house had been sold. My dad was bitter, but it was HIS fault to divorce, not hers. Yes, my mom was psychotic; so what, he married her.  Anyway, every state enacts its own laws on things not mentioned in the Constitution, from driver's license to divorce, tho many imitate California. Check your own state, or better, discuss it with an actual attorney who would know. 

[wetherby]

No-fault divorce is a divorce in which neither party has to show fault. A no-fault divorce allows a couple to divorce without either spouse having to prove the other engaged in misconduct. All states allow no-fault divorces, with some requiring a specified number of months of separation before the divorce is officially granted. Read more: Which States Are No-Fault Divorce States? | eHow.com http://www.ehow.com/facts_5349437_states-nofault-divorce-states.html#ixzz0r2QExBGo   NormanL 43 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.