No-fault divorces may not be so easy anymore

| Apr 28, 2014 | Divorce |

There are a number of legal issues that have to be addressed in a divorce. These issues are often more complicated and complex because emotions are involved which can cause conflict among the parties. Because it denotes the ending of a relationship that was supposed to last forever, many times there can be a lot of acrimony between the parties in a divorce. Sometimes these bad feelings are set aside so as to do things that are the best interest of those involved; however, many times the contentious nature remains present throughout the divorce proceedings.

Based on the fact that divorce is already a highly emotional, extremely volatile situation, the saving grace sometimes is that divorce can be resolved rather quickly depending on the nature of the divorce. However, Livingston residents may not be aware that many states are trying to make it more difficult to obtain a no-fault divorce. Some states are looking to enact legislation that may require couples counseling and a longer waiting, among other things, prior to getting a divorce. The idea behind this is to make people truly evaluate their marriage and to take steps to try and make the marriage work. This of course would put an end to the ‘quickie’ divorce.

Marriage is a legally binding contract which has to be terminated via the courts approval. Divorce is a legal process whereby parties agree to end the marriage, thus ending the marital relationship which is contractual. Each state has a divorce statute and rules and regulations that have to be followed before a divorce can take place. These statutes, which govern the divorce process, require that certain criteria be followed in order to get a court to sign off on a divorce.

Nowadays, couples can come by a divorce pretty easily but this may soon change with a change in legislation.

Source: Deseret News National, “Get married, stay married? No fault divorce under fire,” Eric Schulzke, April 18, 2014

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