Divorce used to be a complicated process of terminating a marriage contract by trying to prove that one of the parties in the marriage is at fault.Most of the usual grounds for divorce were:
Adultery - wherein one or both parties have sexual partners other than their spouses
Cruelty - physical or verbal abuse manifested on the complainant
Abandonment/Desertion - the husband or wife willfully leaves their domicile for at least 12 months uninterrupted
Imprisonment/Felony Conviction - When the husband/wife is convicted for a crime and has to serve a sentence of at least 12 months
Insanity - When the spouse is diagnosed as insane and needs to be institutionalized for at least 3 years
But what happens when none of the above reasons are behind a couple’s desire to dissolve their marriage? What if they just cannot get along peacefully anymore, or prefer to live lives separately but want to part ways amicably? Do they need to pretend or fabricate facts just to get divorced?These questions provided the foundation for the creation of a ‘no fault’ divorce. Introduced into US laws in the 1960s, the no-fault divorce came about as a realization that it was better for some couples to be granted a divorce rather than coerce them to live together in ‘marital hell’ or constrain them into lying in court just to get a divorce. The no-fault divorce option was viewed as a departure from adversarial court proceedings, wherein accusations and sometimes fabrication of facts and evidences were done just to obtain the divorce. A No-Fault Divorce is the preferred course of action taken by couples who want to get divorced without having to prove that the relationship’s breakdown is the fault of either party. Under the No-Fault divorce proceedings, the petitioning spouse can get divorced even without the consent of his/her partner. Married couples can also file for a No-Fault divorce if they have been living apart for at least three years or if the marriage has become “insupportable” because of conflict or irreconcilable differences.
Texas divorces can be petitioned either as a no-fault or fault-based divorce. Regardless of which type is being filed, a divorce needs to go through basic issues that need to be resolved:
Alimony - Financial support, also known in Texas as maintenance. Awarding the appropriate amount for maintenance is based on factors stipulated in the Texas Family Code.
Division of Property - Texas adheres to the ‘community property’ system wherein property acquired by either spouse during the marriage is considered community property to be divided upon the divorce
And, if there are children involved in the marriage to be dissolved, the subject of Custody, Visitation Rights and Child Support are likewise to be considered.
Just as a matter of interest, in regards to no fault divorces, do the parties separate on more amicable terms?
May I also suggest that you install a plugin that allows your commentators the ability to receive emails when there are new comments on a particular post.
To get a no fault divorce, one spouse must simply state a reason for the divorce that is recognized by the state. In most states, it's enough to declare that the couple cannot get along (this reason goes by such names as "incompatibility," "irreconcilable differences," or "irremediable breakdown of the marriage").
In some states, however, the couple must live apart for a period of months or years before they can obtain a no fault divorce.
The short answer is Yes, from my experience the cooperation necessary for a no fault divorce will generally result in more amicable terms. However, it is often the case that more amicable terms are necessary for the process to work, and so the bettered relationship may be a cause instead of an affect of no fault divorce.
Thank you for your suggestion on the reply plugin. We are using the Disqus comment tool, and to my knowledge the only way to get an email notification from a reply is to register with Disqus. Though it's a very short process, I am trying to devise a work around. I agree, it would be a very helpful addition.
No-fault divorce is a divorce in which the dissolution of a marriage requires neither a showing of wrong-doing of either party nor any evidentiary proceedings at all. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party to the marriage, without requiring the petitioner to provide evidence that the respondent has committed a breach of the marital contract. Laws providing for no-fault divorce also limit the potential legal defenses of a respondent who would prefer to remain married.
A divorce is simple and fast when both partners agree with the divorve and of course they need to split the assets. That is the main problem in most cases: money. If money aren't a problem, then it will go fast and easy.
So now we got things clear, it's good to know that while you are still married, you don't know when you'll need it. Divorce used to be a complicated procedure but not anymore, it's seems that this legal service is on high demand these days, this would be a possible explanation for simplifying the divorce procedure.
Divorce has been one of the most common thing that happen in America nowadays don't you think? and because of this No Fault divorce it seems like getting married is just a play..
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