Advantages And Disadvantages Of Filing For Divorce On No Fault Grounds
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. What are the relative advantages of filing for divorce on no-fault grounds? Are there any situations, which would justify fault-based divorce, even though the procedure for obtaining a divorce on no-fault grounds might be cheaper or easier?
A no-fault grounds divorce means that no one is alleging that anyone has done anything wrong in the marriage, but rather that the couple desire to terminate their marriage because of an irretrievable brake down of the marriage. No-fault divorce grounds do not require anyone to allege any of the traditional grounds for divorce: adultery, physical or mental cruelty, abandonment or desertion, imprisonment, insanity, and drug or alcohol addiction. Fault of one party is irreverent. No-fault divorce…show more content… Such an agreement gives the judge a better understanding of the marriage, and allows the judge to render a Just and right judgment based on what the parties have agreed upon, as long as that agreement is conscionable and fair to the parties.
A fault- based divorce may be justifiable in certain circumstances such as for religious or philosophical reasons, or in an abusive relationship. There is not waiting period for a fault ground divorce therefore a spouse who is facing an abusive situation could file for a fault divorce without having to prove that the parties have been living apart for a specific amount of time. Another justifiable reason would be for abandonment/desertion. If a spouse has left and has not been heard from for quite some time, and have not supported the family, it would be beneficial for the abandoned spouse to file for a fault-based divorce to dissolve the marriage and move one with his/her life. If the spouse who has left has marital property, the abandoned spouse may be able to have access to that property, if they succeeding on the grounds of abandonment. Likewise, a husband or wife whose spouse have been convicted of a felon and has been sentence may be justifiable in filing a fault- base divorce.
2. Your client, Kevin, comes to your office seeking a divorce, and he is enraged and sick because his wife, Kim, has been unfaithful to him for the 3rd time in their five year marriage. After a thorough intake interview, you determine that Kevin