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NO FAULT DIVORCE EVERYONE SUFFERS

No Fault Divorce

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  • 1. NO FAULT DIVORCEEVERYONE SUFFERS

2. 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 3. NO FAULT DIVORCEEVERYONE SUFFERS Defining No Fault Divorce What two types of divorce the courts recognize 4. NO FAULT DIVORCEEVERYONE SUFFERS A no fault divorce refers to a type of divorcein which the spouse that is filing for divorcedoes not have to prove any fault on the partof the other spouse. 5. NO FAULT DIVORCE EVERYONE SUFFERS Courts in the United States currentlyrecognize two types of divorces: absolutedivorce, known as "divorce a vinculomatrimonii" and limited divorce, known as"divorce a menso et thoro". To obtain anabsolute divorce, courts require some type ofevidentiary showing of misconduct orwrongdoing on one spouses part. 6. NO FAULT DIVORCE EVERYONE SUFFERS Limited divorces are typically referred to asseparation decrees. Limited divorces result intermination of the right to cohabitate but thecourt refrains from officially dissolving themarriage and the parties statuses remainunchanged. 7. NO FAULT DIVORCEEVERYONE SUFFERS The Foundation/History How and where it was started 8. NO FAULT DIVORCE EVERYONE SUFFERSProbably 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. 9. NO FAULT DIVORCEEVERYONE SUFFERSIn 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 10. NO FAULT DIVORCE EVERYONE SUFFERS The most commonly given reason: Irreconcilable differences Irreparable breakdown of the marriage 11. NO FAULT DIVORCE EVERYONE SUFFERS No Fault Divorce States: Ground For Divorce What grounds for divorce 12. 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. 13. 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 14. NO FAULT DIVORCEEVERYONE SUFFERS Moral Effects on Society of Divorce The Church Lost their Authority 15. NO FAULT DIVORCEEVERYONE SUFFERS The divorce rate is higher among the poor anduneducated No fault laws helped lend moral legitimacy tothe dissolution of marriages After the no fault law divorce the divorce ratedoubled Churches lost their moral authority to reinforcemarital vows (anti-institutional law) Churches added to the rise of divorce bypronouncing the right to remarry after divorce 16. NO FAULT DIVORCE EVERYONE SUFFERS The psychological revolution, marriage wasmore focused upon the advancement of self The soul-mate model of marriage The sexual revolution and feministmovement Divorce was not only an individual right but aphysiological resource 17. NO FAULT DIVORCE EVERYONE SUFFERS Effects of No Law FaultDivorce Neither party is truly held accountable 18. 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 19. NO FAULT DIVORCE EVERYONE SUFFERS 20. NO FAULT DIVORCE EVERYONE HURTS Reference