The concept of “no fault divorce”

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No-fault divorce
No-fault divorce

Like any other social issues, even divorce can come in various forms and kinds. There are divorce cases, wherein people have to struggle through various steps which many a times turn out to be “dirty” and “painful”.

However, the Canadian laws favour another kind of divorce called “no fault” divorce which is prevalent in many of the developed countries in the world.

The concept of “no fault divorce”

This kind of a divorce takes place when both the spouses agree to mutually release each other from the bond of the marital relationship without throwing dirt at each other or proving the other partner to be “good for nothing”.

The proceedings of such a divorce

  • Generally, in a divorce case, one needs to hire a lawyer to prove the point and most of the times; this lawyer is busy collecting evidences against the spouse. This is to prove that the spouse is “not suitable” to be in the marriage.
  • While collecting evidences against the person, one goes beyond the limit of humanity to prove the mistake of the spouse. If a person succeeds in the same, he or she may get tremendous benefits.
  • The other side also does not keep quite on the matter and there is a befitting answer from the other end too.
  • In the process both the parties who were “husband-wife” at some point of time and had an amicable relationship, now becomes foes to each other and the attorney on both sides help them doing so.

Advantages of “no fault divorce”

  • When you file such a divorce, you don’t have to put your brain in collecting evidences against your ex-spouse.
  • You may not have to pay a huge amount to your attorney too for making your case stronger against the opposition.
  • You are saved from the pain and agony of maligning the reputation of the person, who was your spouse and companion at some point of time in life. As it is the entire process is painful and leaves you with very little scope of thinking about anything constructive in life, at least for some time.

Disadvantages of such a divorce

  • The biggest disadvantage is that you may have to wait for as many as 5 years to get the process completed, because, the court gives you time to reconcile and get back to the relationship.
  • One may not be able to claim the benefits like “spousal support” or “child support” out of the divorce settlement.
  • Sometimes, a person may not get justice but even though he or she may agree for such a break up because the pain one has received out of a rotting relationship.

Summary

Divorce is one phenomenon in life which can never be associated with “peace” and “relief”. However, the emergence of concepts like “no fault” has helped many people to get saved from the dirty court-room trials. At the same time, many might not have received justice in the process of breaking up their marriage.