No Fault Divorce
No-fault divorce is now the most effective way to get a divorce with the least amount of conflict. It is a way to get divorced without placing blame on either side of the separation. The director at Cornell University of Law describes a no-fault divorce as “Any divorce in which the spouse who wants to end the marriage is not required to accuse the other of wrongdoing, but can simply state that the couple no longer gets along” (Bruce 3). When filing for divorce this way all that the court needs is a reason that is acceptable such as irreconcilable differences. Though divorce is always a sad circumstance, doing it through the no fault law can have both negatives and positives. When the law first started to regulate divorces the fault based
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With this type of divorce neither side is trying to find fault in each other, instead everything tends to be more civil. When it comes to splitting up the assets in a no-fault divorce it is close to equal since both partners are equally guilty/ innocent according to the courts. Author Paul Nakonezny explains this in his article by saying “Property distribution is no longer linked to fault but rather to the spouse’s current financial needs and resources” (Nakonezny 2). This makes no-fault more appealing because everyone gets what is needed to live and neither spouse can be bitter over what they …show more content…
Though it was just one of the many factors that went into the increase of divorce. Another huge cause is the fact that women were starting to gain more independence, which involved working more and leaving when unsatisfied. Also before the 1970’s people were focused on small simple family values, but after the 1970’s people started to turn their focus to a more materialistic life. Another big factor for the divorce increase was explained by W Bradford Wilcox, a writer for National Affairs, when he said, “The view was that divorce could protect the emotional welfare of children by allowing their parents to leave marriages in which they felt unhappy” (Wilcox 4). This quote explains that people started to gain the mentality that just because children were involved doesn’t mean they had to be a family. No-fault divorce was just a stepping block for the increased rate of divorce over
With this type of divorce neither side is trying to find fault in each other, instead everything tends to be more civil. When it comes to splitting up the assets in a no-fault divorce it is close to equal since both partners are equally guilty/ innocent according to the courts. Author Paul Nakonezny explains this in his article by saying “Property distribution is no longer linked to fault but rather to the spouse’s current financial needs and resources” (Nakonezny 2). This makes no-fault more appealing because everyone gets what is needed to live and neither spouse can be bitter over what they …show more content…
Though it was just one of the many factors that went into the increase of divorce. Another huge cause is the fact that women were starting to gain more independence, which involved working more and leaving when unsatisfied. Also before the 1970’s people were focused on small simple family values, but after the 1970’s people started to turn their focus to a more materialistic life. Another big factor for the divorce increase was explained by W Bradford Wilcox, a writer for National Affairs, when he said, “The view was that divorce could protect the emotional welfare of children by allowing their parents to leave marriages in which they felt unhappy” (Wilcox 4). This quote explains that people started to gain the mentality that just because children were involved doesn’t mean they had to be a family. No-fault divorce was just a stepping block for the increased rate of divorce over