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Topic: No fault divorce

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Divorce

In the News (Thu 16 Feb 12)

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	MODIFY NO-FAULT DIVORCE
		Current law allows for no-fault divorces, meaning that a couple may be divorced upon an allegation and the presentation of evidence that there has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
		In cases where a divorce was nonconsensual, the court would have to consider the finding or grant of divorce (i.e., the conduct of the parties, and the "fault" of the parties) in ordering spousal support and in the division of property.
		A party to a divorce action would be prohibited from disposing of or altering an asset that is under the jurisdiction of the court in the divorce action, unless permitted by an order of the court or by the written, voluntary consent of the other party.
	www.legislature.mi.gov /documents/2001-2002/billanalysis/house/htm/2001-HLA-5168-S.htm (971 words)

	End No-Fault Divorce? (Site not responding. Last check: 2007-10-11)
		When divorce reformers in Michigan proposed banning no-fault divorces, except where both spouses consent, they found that promising a lower divorce rate carried little political weight—not just because opponents disputed the claim, but because lowering the divorce rate is not widely accepted as a legitimate goal of government policy.
		No-fault divorce laws may account for somewhere between 15 and 25 percent of the increase in divorce that took place in the seventies.
		The fault finding may also be exploited to prejudice or interfere with the child’s attachment to the "at-fault" parent.
	www.firstthings.com /ftissues/ft9708/gallagher.html (4948 words)

	Reforming No-Fault Divorce (Site not responding. Last check: 2007-10-11)
		No-fault divorce has created a bizarre situation where it's now easier to leave a spouse of 20 years than it is to break a car lease.
		No one is suggesting that we force people to stay in abusive marriages.
		Some states have proposed that no-fault divorce be replaced by the traditional fault system when children are involved or when one party objects to the divorce.
	www.familyfirst.net /pressroom/nofaultdivorce.asp (921 words)

	No-Fault Divorce
		The big issue, however, is not divorce itself, the big issues are the value of marriage, equality under the law, and the right of private citizens to be free from unnecessary governmental interference in their private lives.
		The person who wants the divorce has 100% of the law on his or her side in so far as the marriage is concerned.
		It seems to me that a married person who wants to avoid divorce, in a case where there is not fault, should at least have the legal right to request a six-month waiting period, with required counseling, before a no-fault divorce is granted.
	www.e-democracy.org /1994/GOV_BY_CAND/QUIST-IR/Divorce.pp.html (932 words)

	Viewpoints on No-Fault Divorce
		Whether divorce is a positive or negative outcome depends on the issues in the specific family we are considering.
		A second type of divorce could be a "Protective Divorce," one where proximity or access is a danger to a spouse or to a family member.
		It has also involved the evolution and availability of divorce mediation and the role of family therapy, both to reject the former adversarial motions that there must be winners and losers to gain a divorce and to provide alternative resources for divorcing families to work out their own differences and directions.
	www.aamft.org /Press_Room/Press_releases/risk_vp.asp (1591 words)

	No-fault divorce in state’s future? (Site not responding. Last check: 2007-10-11)
		A spouse wanting a divorce had to prove the other was at fault for destroying the relationship through transgressions such as cheating, leaving or committing a crime.
		The biggest advantage of no-fault divorces, experience has shown from states that have the no-fault statute in place, is the savings of time and money and — certainly just as important — a return to civility.
		A no-fault divorce law would allow couples who want a divorce to say their marriage had broken down irretrievably, according to the proposal.
	www.pressrepublican.com /Archive/2004/07_2004/07272004ed.htm (465 words)

	No Fault Divorce Forms offers divorce kits that contain easy to use no fault divorce forms or uncontested divorce forms ... (Site not responding. Last check: 2007-10-11)
		No Fault Divorce Forms offers divorce kits that contain easy to use no fault divorce forms or uncontested divorce forms that can delivered via email as an attachment, downloaded online, on CD or in traditional paper form.
		he no fault divorce or uncontested divorce is not new, but recently all states have adopted the no fault divorce or uncontested divorce so that couples may obtain a divorce without having to prove one party is at fault in order to obtain a divorce.
		The uncontested divorce allows the parties to focus their efforts on the terms of the divorce and in turn have a more peaceful divorce which helps simplify the divorce process and reduces the number of lengthy court cases involving divorces.
	www.easydivorcekits.com /nofaultdivorceforms (710 words)

	Galois: No-Fault Divorce
		Her difference is that divorce is not viewed as an ideal, whereas same-sex marriage is. I agree with this difference, but I see SSM as upholding marriage itself as an ideal.
		She disputes the claim that divorce is a bigger change in definition, since many societies have had rules for divorce whereas viewing one's spouse without regards to gender is a late twentieth century innovation.
		Divorce on demand, for example, is what allows a business executive to replace his starter wife with a glamourous and delectable trophy wife.
	gabrielrosenberg.typepad.com /galois/2004/05/nofault_divorce.html (4174 words)

	No Fault Divorce? (Site not responding. Last check: 2007-10-11)
		The divorce revolution has not, as is usually claimed, produced a straight forward increase in personal freedom.
		Those who are divorced against their will and for no reason, or for the reason of the petitioner under the guise of "no-fault," experience feelings of betrayal that no human being should have to experience.
		Since the "legal/social experimenters" in the 70s decided that easy accessible divorce with no blame ("no-fault") would make life better for people, the divorce rates have risen while the "better" life of the family has declined.
	www.geocities.com /divorceusa/nofault.html (645 words)

	No Fault Divorce Parenting Brochure (Site not responding. Last check: 2007-10-11)
		The fee for a divorce depends on a number of factors, including whether the divorce is contested, whether children are involved, the property or debts to be divided, how willing the parties are to negotiate, and the amount of time the lawyer must spend on the case.
		A divorce decree is a court order, and a spouse who fails to pay the ordered amount of child support or alimony, or who refuses to pay a monthly judgment or to relinquish property awarded to the other party is in violation of that order.
		Generally speaking, the procedure for an annulment is the same as for a divorce, except an annulment becomes final immediately, with no waiting period for remarriage, and the right to file for an annulment is not limited by a one year residency requirement.
	court.nol.org /publications/parents/parent4.htm (1953 words)

	No-Fault Divorce
		Instead, argue its critics, no-fault divorce has driven up the divorce rate and shifted the acrimony from the battle over who is to blame for ruining the marriage to battles over child support, visitation and custody.
		Then, if she still chose to proceed with the divorce, she would have to prove that Joe was at fault for the marriage's failure by demonstrating that, for example, he had committed adultery, abused drugs or alcohol, or committed "significant or repetitive mental abuse" of her or her children.
		Studies suggest that after a divorce, the average annual income for a household with the custodial mother and her children drops roughly 30 percent while the husband's finances rise by 10 percent.
	www.aamft.org /Press_Room/Press_releases/risk.asp (2434 words)

	No-Fault Divorce (Site not responding. Last check: 2007-10-11)
		In the absence of fault, a divorce could not be had, even where both parties consented and agreed that the relationship was over.
		No-Fault Divorce is based on an "irretrievable breakdown" of the marriage, which is defined as estrangement due to marital difficulties with no reasonable prospect of reconciliation.
		Where both parties agree that the marriage is irretrievably broken and they consent to a divorce, a divorce may be granted by the courts after a mandatory 90-day waiting period.
	www.gregartim.com /no-fault_divorce.htm (265 words)

	BBC News \| UK POLITICS \| 'No-fault' divorce to be scrapped
		They added that the information meetings were not effective and tended to come too late in a marital breakdown inclining those who were uncertain about their marriage towards divorce.
		They were judged too inflexible to provide people with information tailored to their personal needs and, in the great majority of cases, only the person petitioning for divorce attended the meeting in any case.
		Under the existing law, the closest thing to no-fault divorce is when a couple, by mutual consent, cite having lived apart for two years as evidence of the irretrievable breakdown of their marriage.
	news.bbc.co.uk /hi/english/uk_politics/newsid_1120000/1120846.stm (597 words)

	A loss for no-fault divorce - The Washington Times: Commentary - January 29, 2005 (Site not responding. Last check: 2007-10-11)
		In divorce cases, there is no "due process" as supposedly guaranteed by the U.S. Constitution.
		Some argue the divorce should be granted, usually on grounds of "irreconcilable differences." Other attorneys are hired by defendants who opposes a divorce, arguing their differences are reconcilable.
		Moody notes that no-fault divorce was begun by Russian communists who wanted to destroy the family because it is a source of traditional values.
	www.washtimes.com /commentary/20050128-083216-9360r.htm (774 words)

	DivorceNet - No Fault Divorce: Does adultery matter in Florida divorce? (Site not responding. Last check: 2007-10-11)
		The spouse seeking a divorce simply needs to state that the marriage is "irretrievably broken".
		The "irretrievably broken" standard relieves the court of the complicated duty of deciding who is at fault, and the parties to the marriage are spared a very contentious court battle.
		Under Florida Statutes adultery is specifically listed as a factor to be considered in determining the amount of alimony awarded, but courts have struggled to reconcile the consideration of adultery with the "no fault" concept.
	www.divorcenet.com /states/florida/fl_art05 (408 words)

	CBS News \| No Fault Divorce Hits Resistance \| February 1, 2005 12:30:02
		Elsewhere, a growing movement is under way to promote "collaborative divorce," in which couples agree to settle such issues as child custody and finances without going to court - taking some of the civil war, in theory, out of marital breakups.
		There, Spokane County Superior Court Judge Paul Bastine delayed the divorce of Shawnna Hughes from her abusive husband on the grounds that she is pregnant.
		Some studies indicate that couples who initiate collaborative divorce proceedings are more likely to stay together in the end than those who go to court - perhaps lowering the rate of divorce.
	www.cbsnews.com /stories/2005/02/01/national/main670762.shtml (1128 words)

	Divorce Law: Fault Divorce and No Fault Divorce
		A "fault" divorce is one in which one party blames the other for the failure of the marriage by citing wrongdoing.
		A no-fault divorce is one in which neither spouse blames the other for the breakdown of the marriage.
		In a no fault divorce situation, the actions of the respective spouses in the breakdown of the marriage do not affect property distribution or spousal support rights.
	freeadvice.com /law/5452us.htm (560 words)

	Divorce, American Style: An Interview with Bai Macfarlane, by Zoë Romanowsky
		Divorce is the worst pain I ever experienced and it took me years to recover from that devastation.
		No-fault divorce laws spread in the early seventies when a national group that was trying to get uniform divorce laws in all the states wanted to provide a way for a judge to grant an amicable divorce when both parties wanted to end the marriage.
		Civil divorce is setting oneself up for permanent separation, which is never acceptable according to canon law, except in cases of adultery, or if you have special permission from the bishop, and then only when there is serious, grave fault.
	www.godspy.com /reviews/Divorce-American-Style-Marriage-Catholic-Style-An-Interview-with-Bai-Macfarlane-By-Zoe-Romanowsky.cfm (6293 words)

	No-Fault Divorce Laws Under Attack By Right
		Pennsylvania was one of the last states to pass no-fault divorce, and it is one of the first to re-consider it.
		When Pennsylvania passed its no-fault divorce law in 1980, Pennsylvania NOW was not wholly in favor of the move without some guarantee of economic protection for women and children.
		No-fault divorce laws allow couples to split on the basis of irreconcilable differences without going to trial and without the requirement of establishing fault.
	www.now.org /nnt/01-97/divorce.html (665 words)

	A Loss For No-Fault Divorce (Site not responding. Last check: 2007-10-11)
		The closest we've got to "no fault" is "two years separation from bed and board", of course the "cruel and unusual" the usual quick grounds are pretty loosely interperted.
		In common usage, "to contest" a divorce in most states means there is no agreed-upon settlement filed with the court; it does not mean there is an unwillingness by one party to become divorced.
		Divorce is rather rough on relationship with the children.
	www.freerepublic.com /focus/f-news/1331417/posts (3165 words)

	Self Help Legal Kits Library.
		But if you and your spouse have come to the difficult conclusion that divorce is the only answer, this kit will save you time, heartache and hundreds of dollars in legal fees.
		Some states call a no-fault divorce a "dissolution." It simply states that there are "irreconcilable differences" between the two and they wish to terminate the marriage.
		It provides easy to understand step-by-step instructions, and is valid in all 50 states and Washington, D.C. Many states change their divorce laws and requirements several times a year.
	www.myshoppingonline.com /my/divorce.htm (209 words)

	Ethics & Religion
		The partner wanting a divorce had to prove the spouse was at ''fault'' for destroying the contract by adultery, desertion or conviction of a felony.
		As a divorce attorney, he has seen up close the ''spiritual, financial and physical toll that often can not be regained.'' He confesses that in his own divorce, though amicable, ''I've seen the results in my children.
		I said children of divorce suffer the most, citing the landmark book by Judith Wallerstein, ''The Unexpected Legacy of Divorce.'' She interviewed 60 families at the time of divorce, then 5, 10 and 25 years later.
	www.marriagesavers.org /Columns/C1063.htm (723 words)

	No-Fault Divorce Does Not Spare Pain and Grief
		No-fault divorce did not spare pain and grief for families, but divorce became cheaper and faster.
		They believe that stricter divorce laws will preserve family, save the institution of marriage, spare children the trauma of divorce, and protect non-working wives.
		Fear and trauma of earlier parental divorce may resurface ten, fifteen, or twenty years later when a young person is about to make a commitment to his or her partner.
	www.mindpub.com /art156.htm (854 words)

	no-fault divorce - legal definition (Site not responding. Last check: 2007-10-11)
		Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along.
		Until no-fault divorce arrived in the 1970s, the only way a person could get a divorce was to prove that the other spouse was at fault for the marriage not working.
		No-fault divorces are usually granted for reasons such as incompatibility, irreconcilable differences, or irretrievable or irremediable breakdown of the marriage.
	www.nolo.com /lawcenter/dictionary/dictionary_listing.cfm/term/711BAFC5-A36E-40FD-B897F16E720CD4F2 (212 words)

	Virginia's No-Fault Divorce Reform Bill
		And the thing with custody cases is that no matter how reasonable one side is, how much you give up in order to stay out of court, the other side can always demand more until you have to choose between fighting and never seeing your kids.
		Divorce will be a lot more than you bargained for, although I realize that there are some people who do need to be apart for very extreme reasons.
		At the national level, the leading divorce lawyers simply assume that there would be just as many divorces, but they would be fault-based divorces, with faked evidence.
	patriot.net /~crouch/artj/tvshow.html (1931 words)

	Amazon.com: No-Fault Divorce in Pennsylvania: Books (Site not responding. Last check: 2007-10-11)
		In 1980, the law of divorce in Pennsylvania was revolutionized by the passage of the Commonwealth's first no-fault divorce laws, which eliminate the need for conflict in the divorce process.
		No Fault Divorce in Pennsylvania outlines the basic laws of no-fault divorce in plain English and explains, step-by-step, how to reach a mutually acceptable agreement on all the issues involved, and how to obtain a no-fault divorce with minimum help from lawyers, keeping legal fees and conflicts to a minimum.
		No Fault Divorce in Pennsylvania covers property division, support and alimony, child custody, the rights of the parties.
	www.amazon.com /exec/obidos/tg/detail/-/0963842404?v=glance (668 words)

	Uncontested Divorce - No Fault Divorce
		An uncontested divorce is one where the parties do not disagree about the terms or conditions of the divorce.
		Even an uncontested divorce requires the filing of a complaint or petition to begin the legal proceeding.
		If no answer is filed to the no-fault complaint or petition, ordinarily a divorce will be granted on a default basis.
	www.uslegalforms.com /divorce/uncontested.htm (200 words)

	New York Daily News - Ideas & Opinions - Point/Counterpoint: Time for no fault divorce? NO (Site not responding. Last check: 2007-10-11)
		Those in favor of this bill argue that there is no need to "air the dirty linen in court." But we in the women's movement know that women are suffering financially when judges do not hear the facts, behavior and circumstances that led to the breakup of the marriage.
		That means that one party, with no grounds - legal reasons - for divorce, can walk out, abandon the family and then claim that abandonment as a ground - legal reason - for divorce.
		Custody awards that provide stability to children after divorce by having the children live with the parent who did most of the care-giving during the marriage.
	www.nydailynews.com /news/ideas_opinions/story/287114p-245834c.html (412 words)

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