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No Fault Divorce Laws

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No-fault divorce is a divorce in which the dissolution of a marriage requires neither a showing wrong-doing of either party nor any evidentiary proceedings at all. Modern United States "no-fault" divorce came about in the 1970s because of widespread disgust among lawyers and judges at the legal fictions that had become commonplace since the mid-20th century.



Prior to the no-fault divorce revolution, a divorce could be obtained only through a showing of fault of one of the parties in a marriage. This was something more than not loving one another; it meant that one spouse had to plead that the other had committed adultery, abandonment, felony, or other similarly culpable acts. Visit the Travis county divorce about this.

However, the other spouse could plead a variety of defenses, like recrimination. A judge could find that the respondent had not committed the alleged act or the judge could accept the defense of recrimination and find both spouses at fault for the dysfunctional nature of their marriage. Either way, the judge would refuse to dissolve the marriage.

These rules were particularly problematic where both spouses were at fault or where neither spouse had committed a legally culpable act but could no longer tolerate the other. Lawyers began to engineer creative methods to bypass the rules. Learn more about no-fault divorces with the Travis county divorce.

New York was notorious for "collusive adultery", in which both sides deliberately agreed that the wife would come home at a certain time and discover her husband committing adultery with a "mistress" obtained for the occasion.

The wife would then falsely swear to a carefully tailored version of these facts in court. The husband would admit a similar version of those facts. The judge would convict the husband of adultery, and the couple could be divorced.

Prior to no-fault rules, in many other states, especially California, the most popular allegation for divorce was cruelty. For example, in 1950, wives plead "cruelty" as the basis for 70 percent of San Francisco divorce cases. Wives would regularly testify to the same pitiful, often false, facts: their husbands swore at them, hit them, and generally treated them terribly. For more information about divorces and the no-fault divorce, then visit the Travis county divorce.
No Fault Divorce Laws
Going through a divorce can be particularly difficult for both parties. Therefore, traditional litigation is not always the answer. One alternative is divorce mediation. With divorce mediation, a mediator is present. The job of a mediator is to help the couple come to an agreement that works for both. Since the mediator is a neutral third party, they will ensure that both parties receive a fair deal. A mediator is versed in the laws as they pertain to custody, visitation, child support, alimony, property division and much more.

Another alternative that many divorcing couples are considering is collaborative law. Collaborative law allows both parties to maintain a professional divorce team. This will help both parties to avoid litigation, but will still give each of them strong legal representation.

Division of property is usually a sticking point with couples. The laws are fairly clear as to how property is divided up. In order to make this part of the divorce run smoothly, make sure that you set your priorities as to what you want and be willing to compromise.

Divorce can have a large effect on your taxes. Therefore, be sure to know exactly what the divorce laws have to say about taxes and divorce. You will need to establish what exemptions each party is entitled to.

If you are covered under your soon-to-be ex-spouses health insurance, you will need to know what your legal options are. Some laws provide provisions that you can remain covered for a pre-determined amount of time. Therefore, be sure to check out what your rights are, as you will not want to be without health insurance for an extended period of time.

Each state has their own laws as to why a couple may file for divorce. In some states, there are a variety of reasons people can file for divorce. On the other hand, there are states that allow divorce for only one reason.

If you are looking to do a quickie divorce or file for the divorce yourself, there is an abundance of divorce kits filled with information you will need to file for divorce. Since these kits cost considerably less than hiring a divorce lawyer, this may be a great alternative if money is tight and you are willing to do some research. When purchasing a kit, make sure that it has accurate, up to date divorce law information. Furthermore, you will also need to make sure the laws apply to your particular state.

With the extreme variation of the divorce laws, it is clear to see why lawyers specialize in divorce, verses general law. Whether you are planning to file the divorce yourself or hire a professional, make sure that you are abreast of the divorce laws as they pertain to your particular situation and state.
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About Author
Both Christine Layug & Alex Olson are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Christine Layug has sinced written about articles on various topics from Shopping, Public Relations and Finances. . Christine Layug's top article generates over 1830000 views. to your Favourites.

Alex Olson has sinced written about articles on various topics from Entertainment Guide, Massage and Fishing. Alex Olson is a professional journalist. Her articles about ">divorce, its laws, facts and much more are highly popular. Alex Olson's top article generates over 246000 views. to your Favourites.
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