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The No-Fault Revolution

By: c. layug

Under a no-fault divorce system the dissolution of a marriage does not require an allegation or proof of fault of either party to be shown. It 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.
Among the many countries that use the no-fault divorce to end a marriage, the United States has the longest history of no-fault divorces among all. Modern United States "no-fault" divorce came about in the 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. This process of divorce is commonly known as the at-fault or simple “Fault” divorce.
However, the other spouse could plead a variety of defenses, like recrimination. Recrimination is a defense in an action for divorce in which the accused party makes a similar accusation against the plaintiff. In plain English, it is a lawyer's way of saying "you too." Visit the Austin divorce lawyer for more information about this.
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. Either way, the judge would refuse to dissolve the marriage.
These requirements 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. Lawyers began to advise their clients on how to bypass the requirements. Learn more about divorce processes with the Austin divorce lawyer.
One such method was referred to as "collusive adultery", in which both sides deliberately agreed that the wife would come home at a certain time and discover her husband committing adultery with a "mistress" obtained for the occasion.
"No-fault" divorce was pioneered in the United States by the state of California when Governor Ronald Reagan signed into law the Family Law Act of 1970 on September 4, 1969. The Act abolished California's common law action for divorce and replaced it with the proceeding for dissolution of marriage on the grounds of “irreconcilable differences”. For more information about the no-fault divorce and other process of divorce, then visit the Austin divorce lawyer for more details.

Article Directory Source: http://www.1articleworld.com

No-fault divorce has been in operation in Australia since 1975 and the only thing the applicant needs to show is separation for 12 months, and the divorce application can be made by either party or by both parties jointly.

www.amygehm.com

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