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No-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. [1] [2] Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.
A summary divorce means the spouses have discussed the terms required by state law to issue a divorce and they have reached a mutual agreement. Almost every state allows for this type of "uncontested" divorce. [83] [84] An uncontested joint divorce petition will often save a divorcing couple both time and money.
Another more practical drawback is the conservative nature of the law. Even if use of a sworn statement is fully authorized, another individual to the transaction, such as a party to a business transaction or another person's attorney, may be unacquainted with the form and refuse to accept it in lieu of a notarized affidavit.
Covenant marriage is a legally distinct kind of marriage in three states of the United States (Arizona, Arkansas, and Louisiana), in which the marrying spouses agree to obtain pre-marital counseling and accept more limited grounds for later seeking divorce (the least strict of which being that the couple lives apart from each other for two years).
Typical forms included in a form book are a model complaint, answer, motion to compel discovery, motion for summary judgment, and request for permission to appeal. Other types of forms include: Transactional forms used to draft wills, contracts, and documents [9] Procedural Forms used to draft pleadings, motions, and complaints; Real estate
Prior to the 1970s, divorcing spouses had to allege that the other spouse was guilty of a crime or sin like abandonment or adultery; when spouses simply could not get along, lawyers were forced to manufacture "uncontested" divorces. The no-fault divorce revolution began in 1969 in California; New York and South Dakota were the last states to ...
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