Uncontested No Fault Divorce

The first no fault laws were passed in the United States by the state of Oklahoma in 1953. There was a gap of 17 years after which the second state in the country continued the trend began by Oklahoma. California passed the 2nd no fault law in the nation in 1970. Gradually, other states also accepted this trend. In a no fault divorce, when the divorcing partners agree with each other regarding the major issues of the divorce, it is called as an Uncontested No Fault Divorce.

Advantages of Uncontested No Fault Divorce

• The duration of time required to obtain the Divorce Decree is lessened. Consequently, the span time spent in a stressful ambience is decreased.
• The heavy caseloads of family courts are reduced.
• As there is less conflict during the divorce procedure, there is less emotional harm to the children of the divorcing parents.
• It is very easy to leave each other in case of an abusive marriage.
• There are statistics which prove that the states in which no fault laws were adopted witnessed a decrease in the rate of domestic violence.
• Instead of using fault as a basis for financial settlements, the divorcing couple can consider the following issues for this settlement.
  • Contribution of each partner to the family finances.
  • Capacity of the individuals to pay.
  • The need of the individuals to pay.

Disadvantages of Uncontested No Fault Divorce

• Prior to the introduction of no fault laws, the allegiance of the Family Court Systems was with the institution of marriage. However, after these no fault laws were introduced, the loyalty occurs with the institution of divorce. In the past, Family Courts used to attempt to safeguard the sanctity of marriage. However, presently, the main intention is to result an easy and quick divorce.
• The vows and promises made by a couple to each other have lost their charm. This is proved by the high rate of divorce in the United States.

The current scenario

Randall Hekman, who is a Judge in the Family court, has stated that due to the introduction of no fault divorce, it has become simpler to divorce a wife who has accompanied her husband for 26 years as compared to firing a person who has been hired 7 days back. This person who has accompanied the boss for only 7 days has more legal influence than the wife of 26 years. Randall is of the opinion that this is not a correct scenario.

Everyday, one can come across proof that the American family system is breaking down. There are several people who believe that this breakdown is due to uncontested no fault divorces. Such type of divorces has decreased the value of marriage. Hence, married people are reluctant to invest much energy to save the marriage.

It has been found out that 97 percent of married couples in Louisiana start their marital life with a thought that they may have to stumble upon uncontested no fault laws. This is evidence that a majority of married people do not have any problem with these laws.

Divorce Papers