Divorce Attorney In Del Mar Explains Why There Is No-fault Divorce

By Author: John Griffith
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SAN DIEGO AND DEL MAR, CALIFORNIA – The recent split between Jason Aldean and his wife contains the elements that good country songs are made of: man cheats on woman, gets caught, and in the words of the late Tammy Wynette tune, the next step is D-I-V-O-R-C-E.Country singer Aldean got busted kissing former American Idol contestant Brittany Kerr, and the footage aired on TMZ. The reason cited when he filed for divorce from his wife April 26 was "irreconcilable differences."In situations such as this, some people wonder why she didn't file for divorce and cite adultery as the reason. It's a question that gets asked frequently of a divorce attorney, Del Mar and San Diego divorce attorney John Griffith said. All 50 states have passed "no-fault divorce" laws, a designation that has been a part of California divorce law for more than four decades. California became the first state to have no-fault divorce laws on the books. A no-fault divorce means couples can legally part ways without one person being required to prove the other is "at fault" for their marriage coming to an end. Before no-fault laws were enacted, the general philosophy ...
... was that divorce was bad and those who wanted to divorce must have a legal reason for it. That meant married people could get divorced only for reasons deemed "appropriate" by their state of residence. Those reasons included insanity, physical violence and adultery, to name some examples. Most people agree adultery is a valid reason for divorce, Griffith said. Then why did states adopt the no-fault divorce? "I think one key reason is the societal change in the way many people view marriage today," he said. "There once was a time when it was required for you and your spouse to agree the marriage was irreparable, or you had to prove a spouse was at fault in order to get divorced." Going this route often meant a spouse was so driven to get a divorce, he or she would commit adultery or accuse a spouse of being unfaithful, simply as a means to an end. Why should people have to lie or do something wrong simply to be caught if all they want is to not be married to their spouse any longer? Those who support no-fault divorce often say the no-fault system preserves the court's integrity because it eliminates the incentive to lie in court about what their partner did or did not do so they can end their marriage. No-fault divorce proponents also are quick to remind that this frees up valuable judicial resources because there aren't as many major evidentiary issues in a no-fault divorce than there would be if the parties had to show fault, according to the Legal Match Law Blog. "When the court isn't required to assign blame in a divorce, affairs no longer matter, as cold and unfair as that may sound to the person who has been cheated on," Griffith said. There are positive reasons for no-fault divorce, he added. Eliminating the need to place blame is helpful when the couple has children. It prevents a child having to see one parent torn down by the other. Pointing fingers can prolong the anger and can heighten other unhealthy emotions between spouses who are parting ways. Those involved in abusive relationships benefit from no-fault divorce because they can escape a dangerous marriage without creating more hostility in many cases. One notable disadvantage that gets mentioned in no-fault divorce discussions is that some states require a waiting period before finalizing the divorce, Griffith said. Some states require couples to be separated for a specified time before they become eligible to file for no-fault divorce. "Navigating through the divorce process can be tricky, particularly when factors such as property division and child custody are involved," Griffith said. "No-fault divorce eliminates one complicated area to help streamline the process." Learn More
Learn more about Griffith, Young & Lass by visiting their website: www.SanDiego-Divorce-Law.com. To schedule your free initial consultation and case analysis with a Del Mar divorce attorney, call 858-345-1720. About Griffith, Young & Lass
The divorce lawyers at Griffith, Young & Lass have extensive litigation experience in all areas of family law practice and California divorce law. Based in San Diego, Griffith, Young & Lass offers low, flat-fee services, a sliding hourly scale and military discounts. © 2013 Sinai Marketing and Griffith, Young & Lass. Authorization to post is granted, with the stipulation that Sinai Marketing and Griffith, Young & Lass are credited as sole source. Linking to other sites from this document is strictly prohibited, with the exception of herein imbedded links.