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Bakhro
When you decide to file for divorce it is necessary to state the
grounds on which you base your application. A no fault divorce
is one of the common grounds for failure of the marital relationship
that is cited in the petition.
In reality, a no fault divorce is probably a more
humane ground to cite since it implies that neither party is to
blame for the failure of the marriage. The two parties have just
grown apart. In other words there are irreconcilable differences.
There has been no adultery, abuse, mental illness or other such
item that has caused the breakdown of the marriage.
However, not so long ago there was no such thing
as a no fault divorce. Indeed, even today not all states permit
this type of divorce easily.
Around 1960 it was recognized that in marriage
relationships where both spouses wanted to end the relationship,
they would find a means somehow to end their marriage. Around
this time as well there was seen to be an increase in the number
of divorce petitions being filed and subsequently thrown out of
court when it was found that the fault grounds for filing the
divorce petition were established to be untrue.
Therefore in order to prevent people having to
lie under oath in court to end their marriage and to prevent others
from living in a relationship they didn’t want, numerous
people argued that it would be better to change the law and introduce
the no-fault divorce.
The state of California became the first U.S.
state to introduce this type of divorce back in 1969. It was subsequently
followed by other states over the years who also changed their
divorce laws so that the no fault divorce was recognized.
But filing for a no fault divorce doesn’t
make the divorce process any easier for the parties involved.
In fact, as it is just a case that the two parties have grown
apart and there is no actual proof of something more visible,
if the two parties don’t feel the same way this type of
divorce can be messier than one based on fault grounds.
In addition, unlike filing for a divorce based
on fault grounds, depending on which state you are in you may
not be able to file for a no fault divorce immediately. Some states
require that you and your spouse live apart for a number of months
if not years, before you are entitled to file for a no fault divorce.
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