Fault or No-Fault Divorces

A divorce is the termination of a marriage by legallegally remarrying). In the United States, only the
action, requiring a petition or complaint for divorce (orstate of New York still requires fault for a divorce. All
dissolution in some states) by one party. There areother states have adopted no-fault divorce statutes.
two types of divorce, the fault (or at-fault) divorceSince the mid 1990s, a few states have enacted
and no-fault divorce.covenant marriage laws, which allow couples to
Under a no-fault divorce system the dissolution of avoluntarily make a divorce more difficult for them to
marriage does not require an allegation or proof ofobtain than in the typical no-fault divorce action.
fault of either party to be shown. The no-faultBut through the evolution of divorce law, less
divorce "revolution" began in 1969 in California, andadversarial approaches to legal separation has been
was completed in 1985.developed and implemented. Visit the st. louis divorce
Common reasons for no-fault divorce include:attorney about this.
incompatibility, irreconcilable differences, andMediation is a growing way of resolving divorce
irremediable breakdown of the marriage. Forty-nineissues. It tends to be less adversarial (particularly
of the United States have adopted no-fault divorceimportant for any children), more private, less
laws. And no-fault divorce has been in operation inexpensive, and faster than traditional litigation.
Australia since 1975 and the only thing the applicantSimilar in concept, but with more support than
needs to show is separation (or "deemedmediation, is collaborative divorce, where both sides
separation") for 12 months. However, most statesare represented by attorneys but commit to
require some waiting period, typically a 1 to 2 yearnegotiating a settlement without engaging in litigation.
separation. Check out what the st. louis divorceSome believe that mediation may not be appropriate
attorney has to offer about this.for all relationships, especially those that included
Fault grounds, when available, are sometimes stillphysical or emotional abuse, or an imbalance of
sought. This may be done where it reduces thepower and knowledge about the parties' finances.
waiting period otherwise required, or possibly in hopesNon-adversarial methods of dispute resolution, such
of affecting decisions related to a divorce, such asas mediation and collaborative divorce are less likely
child custody, child support, or alimony. Check outto add to the emotional trauma, and are better
what the st. louis divorce attorney has to offersuited when an ongoing relationship is contemplated,
about this.such as for future parenting. If you want more
Fault divorces used to be the only way to break ainformation about divorces and other forms of
marriage, and people who had differences only haddivorces, then visit the st. louis divorce attorney for
the option to separate (and were prevented frommore details.