Fault in Divorce

Marikina, Philippines (PressExposure) May 15, 2008 -- Among of the many approaches or types to having a divorce, the No-Fault divorce is the most popular form of divorce in its time. No-fault divorce is a form of divorce in wh ich the dissolution of a marriage requires neither a showing wrong-doing of either party nor any evidentiary proceedings at all. visit the st. louis divorce lawyer to know more about this.

No-Fault divorce is granted upon a petition by either party to a family court, without requiring the petitioner show that the respondent is at fault, and despite respondent's potential objections to the dissolution.

No-Fault Divorce first came out in the United States in the late 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. Check out the St. Louis divorce to know more about divorces.

Often, however, the other spouse could plead a variety of defenses, like recrimination, or more likely an accusation of "you too". 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.

These set of 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.

Over time, several criticisms have been made about the process of No-Fault divorce. A criticism about it is that it creates an economic incentive for mothers to initiate unilateral divorce where neither fault nor adequate grievances exist.

Another criticism is that the current form of no-fault divorce is a unilateral dissolution of family even while one party may be trying to hold the marriage together. In such cases the respondent likely lacks legal recourse to directly enforce reconciliation, family unity, or petitioner's honoring of prior vows of marital commitment. To learn more about divorces and its approaches, then visit the St. Louis divorce.

Press Release Submitted On: May 13, 2008 at 3:18 am
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