The Effect of No-fault Divorce on Child Custody

Updated on 11 Jul 2008, Published on 11 Jul 2008

The Effect of No-fault Divorce on Child Custody

No-fault divorce is a law enforced by some states which signify that a couple can get a divorce without any appropriate reason. It is the dissolution of marriage where both the parties do not need to prove the other party’s fault. Depending on the state’s law all that you need to show is that the marriage is irreparably broken or irretrievable or the couple is incompatible or irreconcilable differences.

However, according to the laws of some states, the couple must have lived separately for some months or years even, so as to get a no-fault divorce. It is one the easiest way to get a divorce. In this one can represent oneself, but if the couple fails to talk like a matured person then it is best to hire a counsel to get marriage separation agreement. It is even easier to apply if there is no issue of children and assets.

At present, New York is the only state which has strictly not adopted this law. All other states have adopted liberal divorce laws.

The judges and lawyers were tired of dealing with arguing couples, who tried to distort facts and the amount of time spent in trying to unravel the truth, so in their bid to change the divorce ways, they came up with the no fault divorce laws.

In a no fault situation, the actions of the respective spouses do not affect property distribution or spousal support rights. The financial resolutions are based on the need, requirement, and ability to pay, and, contribution to the family rather than on fault. However, it is important for you to hire an attorney who can represent your best interest.

As a result of the new divorce law, the court saw a sudden decline in the number of caseloads in family court and domestic violence. And, it has also shortened the time required for getting a divorce and decreased emotional harm on children as less conflict is involved.

More power is levied with the family court, when it has to decide on matters relating to child custody, distribution of properties and assets, as none of the parties are at fault. And the decision is based on the feelings of the judge which is far away from being objective. Mostly, the court favors the mother and the custody of the children is usually given to them, for no matter what, she cannot be declared or proved unfit for raising her children. And this means the father loses his rights to his children.

Sometimes the husband can initiate the no fault divorce and in most cases, usually, spousal support is not awarded and this leads to low living standard of the wife and her children, as the custody of the child is with the mother. Earlier, the family court’s aim was to preserve the sanctity of marriage but lately, it is worth noting that, their aim has shifted towards making divorce quick and easy.

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