The Basics of Divorce

By: Christine Layug
Submitted: 2008-07-02 16:23:46
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The approach to divorce varies by jurisdiction. There are two basic approaches to divorce: fault based and no-fault based.

Prior to the 1970s, divorcing spouses had to allege that the other spouse was guilty of a crime or sin like abandonment or adultery; when spouses simply could not get along, lawyers were forced to manufacture "uncontested" divorces.

A spouse seeking divorce had to show a cause such as cruelty, incurable mental illness, or adultery, which is ground for the Fault divorce. But even in such cases, a divorce was barred in cases such as the suing spouse's procurement or connivance which is contributing to the fault, such as by arranging for adultery, condonation which is forgiving the fault either explicitly or by continuing to cohabit after knowing of it, or recrimination which is the suing spouse also being guilty.

Fault grounds, when available, are sometimes still sought. This may be done where it reduces the waiting period otherwise required, or possibly in hopes of affecting decisions related to a divorce, such as child custody, child support, alimony, and so on. States vary in the admissibility of such evidence for those decisions. Learn more of this with the Hays county divorce.

In any case, a no-fault divorce can be arranged far more easily, although the terms of the divorce can be and often are contested with respect to child-related matters and finances. Ultimately most cases are settled by the parties before trial.

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. The no-fault divorce "revolution" began in 1969 in California, and was completed in 1985.  Visit the Hays county divorce to learn more of this.

In some states fault grounds remain, but all states except New York now provide other grounds as well, variously termed irreconcilable differences, irremediable breakdown, loss of affection, or similar. For such grounds no fault need be proven and little defense is possible. However, most states require some waiting period, typically a 1 to 2 year separation. For more information about the no-fault and fault divorce procedures, then visit the Hays county divorce for more details.

The approach to divorce varies by jurisdiction. There are two basic approaches to divorce: fault based and no-fault based.

Prior to the 1970s, divorcing spouses had to allege that the other spouse was guilty of a crime or sin like abandonment or adultery; when spouses simply could not get along, lawyers were forced to manufacture "uncontested" divorces.

A spouse seeking divorce had to show a cause such as cruelty, incurable mental illness, or adultery, which is ground for the Fault divorce. But even in such cases, a divorce was barred in cases such as the suing spouse's procurement or connivance which is contributing to the fault, such as by arranging for adultery, condonation which is forgiving the fault either explicitly or by continuing to cohabit after knowing of it, or recrimination which is the suing spouse also being guilty.

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