Monday, June 21, 2010

What is a no-fault divorce?

New York is on the brink of becoming the 50th state to enact a no-fault divorce law which would allow couples to divorce without having to first establish that their spouse is at fault. According to a recent article in the New York Times, supporters argue that no-fault will reduce litigation and conflict between divorcing couples while opponents claim it will raise New York’s divorce rate and hurt women financially.

Michigan's no-fault divorce law allows a trial court can to grant a divorce if it finds that "there has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved." Fault can be a factor, however, when it comes to property division and child custody.

No comments: