No-Fault Divorce: Irretrievable Breakdown

No-Fault Divorce

For purposes of no-fault divorce, states use various terms to describe the basic concept of marital breakdown, including irreconcilable differences, incompatibility, insupportability, and irretrievable breakdown. The realization that existing divorce laws no longer comported with the modern marriage experience and marital life led most states to recognize marital disharmony as a basis for no-fault divorce. Statutes usually provide some definition for the concept, and courts often have discretion to apply the standard in individual divorce proceedings.

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Rehabilitative Spousal Support

Spousal Support

Alimony awards, also called “spousal support,” are usually granted at the court’s discretion upon a determination, which takes into account certain factors, that spousal maintenance is necessary. Some of the factors considered when determining alimony payments include the education of the spouses, their respective work experiences, income histories, ages, health, the length of the marriage, and the time either spouse has spent out of the work force. Alimony may be either temporary (often called “rehabilitative alimony”) or permanent. The court grants rehabilitative spousal support when one spouse has been disadvantaged in order to equalize the burden of the divorce.

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Role of Mediation in Divorce

Role of Mediation in Divorce

The divorce process can be a very emotional and trying time in one’s life. Often the process involves confrontations and complicated legal disputes. In recent years, divorce mediation has become more popular because it can be more effective, less costly, and yet a successful method for settling divorce disputes. Mediation is an alternative method of resolving matrimonial issues that are involved in divorce. It is a process in which couples can amicably work out marital, financial, and property-related disputes with the help of a neutral third party known as a mediator.

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