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Transcript of "No Fault Divorce "
NO FAULT DIVORCEEVERYONE SUFFERS
NO FAULT DIVORCE EVERYONE SUFFERS • Outline• Defining No Fault Divorce – What is No Fault Divorce• The Foundation/History – How and where it was started• No Fault Divorce States: Ground For Divorce – What grounds for divorce• Moral Effects on Society of Divorce – The Church Lost their Authority• Effects of No Law Fault Divorce – Neither party is truly held accountable
NO FAULT DIVORCE EVERYONE SUFFERS• Defining No Fault Divorce– What two types of divorce the courts recognize
NO FAULT DIVORCE EVERYONE SUFFERS• A no fault divorce refers to a type of divorce in which the spouse that is filing for divorce does not have to prove any fault on the part of the other spouse.
NO FAULT DIVORCE EVERYONE SUFFERS• Courts in the United States currently recognize two types of divorces: absolute divorce, known as "divorce a vinculo matrimonii" and limited divorce, known as "divorce a menso et thoro". To obtain an absolute divorce, courts require some type of evidentiary showing of misconduct or wrongdoing on one spouses part.
NO FAULT DIVORCE EVERYONE SUFFERS• Limited divorces are typically referred to as separation decrees. Limited divorces result in termination of the right to cohabitate but the court refrains from officially dissolving the marriage and the parties statuses remain unchanged.
NO FAULT DIVORCE EVERYONE SUFFERS• The Foundation/History – How and where it was started
NO FAULT DIVORCE EVERYONE SUFFERS Probably the most well-known no-faultlaw was enacted in the state of California, andsigned by Governor Ronald Reagan, cominginto effect on January 1, 1970. At that time,lawyers and judges objected to the legalfictions used to bypass statutory requirementsfor obtaining a divorce, which had becomemore commonplace since the mid-20thcentury.
NO FAULT DIVORCE EVERYONE SUFFERS In August 2010, New Yorks governor,David Paterson, signed into law a bill removingmutual-consent requirements and shorteningthe waiting period for "no-fault" divorce. Sinceat least 1985, no-fault divorce has beenavailable in all 50 U.S. states and the District ofColumbia
NO FAULT DIVORCE EVERYONE SUFFERS The most commonly given reason:• Irreconcilable differences• Irreparable breakdown of the marriage
NO FAULT DIVORCE EVERYONE SUFFERS• No Fault Divorce States: Ground For Divorce – What grounds for divorce
NO FAULT DIVORCE EVERYONE SUFFERSIn cases where a person is filing for a no-faultdivorce, he or she doesnt need to set outspecific grounds, as in the case of a faultdivorce. The person filing the papers onlyneeds to state that the marriage has brokendown. Terms like "irreconcilable differences" or"incompatibility" are used to show that thecouple cant get along and no longer wishes tobe married.
NO FAULT DIVORCE EVERYONE SUFFERS STATES HAVE NO FAULT DIVORCEAlabama, Alaska, Connecticut, Delaware,Georgia, Idaho, Illinois, Maine, Massachusetts,Mississippi, New Hampshire, New Mexico,North Dakota, Ohio, Oklahoma, Pennsylvania,Rhode Island, South Dakota, Tennessee, TexasUtah, West Virginia
NO FAULT DIVORCE EVERYONE SUFFERS• Moral Effects on Society of Divorce – The Church Lost their Authority
NO FAULT DIVORCE EVERYONE SUFFERS• The divorce rate is higher among the poor and uneducated• No fault laws helped lend moral legitimacy to the dissolution of marriages• After the no fault law divorce the divorce rate doubled• Churches lost their moral authority to reinforce marital vows (anti-institutional law)• Churches added to the rise of divorce by pronouncing the right to remarry after divorce
NO FAULT DIVORCE EVERYONE SUFFERS• The psychological revolution, marriage was more focused upon the advancement of self• The “soul-mate” model of marriage• The sexual revolution and feminist movement• Divorce was not only an individual right but a physiological resource
NO FAULT DIVORCE EVERYONE SUFFERS• Effects of No Law Fault Divorce – Neither party is truly held accountable
NO FAULT DIVORCE EVERYONE SUFFERS1. That the relationship is no longer viable,2. that irreconcilable differences have caused an irremediable breakdown of the marriage,3. That discord or conflict of personalities have destroyed the legit ends of the marital Relationship and prevents any reasonable possibility of reconciliation,4. That the marriage is irretrievably broken