Monday, February 7, 2011

No-fault divorce

The origins of No-Fault divorce

In 1970, California has changed the way we look at the divorce and made it much easier to get out of wedlock, passing the second law of no-fault divorce in the United States. In 1953, Oklahoma passed the first laws, eliminating the need to find a flaw in the event of divorce. It took 17 years for the rest of the country to follow suit. Some might say that we have become a progressive country when it comes to our divorce laws. Some severely, in disagreement.

The blame game

Before 1970 and the move toward divorce divorce laws objective intends to demonstrate that one of the spouses had done something wrong or has acted in a way that caused the breakdown of the marriage. Someone had to be "fault", which meant that grounds for divorce had to be established. These reasons could include adultery, physical or mental abuse, neglect, confinement or company against the madness and the inability to be intimate with your spouse.

Free to leave

Strict laws took away the need to find a defect. No-fault divorce law offers both parties the freedom to sue for divorce with only the claim of "irreconcilable differences." BORN of these laws was the concept of unilateral divorce: partner feeling the urge to end the marriage could do it and it was free to leave.

Two sides to every story

Some believe that the high rate of divorce in the United States is a direct result of no-fault divorce laws. The debate between religious groups and politically liberal has become controversial and rampant with contradictory evidence will support the arguments of both groups.

The big question:

The question that must be considered by both groups is what laws, guilt or objective will best benefit the needs of a husband, wife and children involved in a divorce.

New York is the only State that has not adopted strict objective laws. All other States have gone to some States with no-fault divorce allowing even grounds for divorce as an option. Southern States like Tennessee, Alabama, Florida, Georgia divorce laws were more relaxed and the highest divorce rate in the country.

Some States, Louisiana, Arkansas and Arizona have passed laws that give couples the opportunity to choose, before they marry, what laws that would like to apply their final marriage divorce. They can choose between option strict or "Covenant marriage". In the Pact of marriage, premarital couples decide to advice and limit options and why should they decide to divorce.

Although the statistics seem to indicate an increase in divorce since the beginning of the objective laws, it would seem that the laws are popular with the general public. In Louisiana, almost 97% of couples are choosing to go away to blame.

Strict laws are the result of divorce lawyers and family court judges trying to change the way divorce played in court. They were tired of dealing with feuding couple that were relying on facts to be biased, being told lies and time spent trying to figure out what he had done to anyone. In their minds, the old system of guilt of divorce was a threat to the integrity of the family court system and the necessary changes to be made.

Since 1930, denounced a Treaty on the law of the Court of American family:

"Divorce litigation is well known that parties often seek to circumvent the legal limitations and so there is great danger of perjury, collusion and fraud. In many cases there is no defense interposed, and often, when the case is disputed content is not pursued with vigor and good faith.

The true pioneer of no-fault divorce is the State of California as a result of the 1969. The document was signed by Governor Ronald Reagan and took effect on January 1, 1970. Since 1983, every State but New York and North Dakota had passed their own forms of no-fault divorce laws.

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