Index of Injustice

Click here to edit subtitle

Proposals To Reform No-Fault Divorce

A person will still be able to terminate the marriage without having to prove fault.  However:

-In a unilateral no-fault divorce, filed by only one person against the wishes of the other, the children remain

in the marital home full time.  The two adults split parenting time 50/50 in the marital home, and both must

therefore find an alternate residence during periods they are not living in the marital home with the children.

This prevents children from being uprooted from their home, friends, school, and routine.  Also, there is now

no such thing as a "custodial parent".  There are two equal parents, which means no child can "lose" a

parent in a divorce.  Both spouses are safeguarded from losing most or all of their parenting time.  In addition,

the children will not be forced to live with either the mother or father's new partner(s).

-There is no alimony and no child support. The children are supported by whatever parent they are with at the

time. (By filing for a no-fault divorce, you are declaring the marriage over. Therefore, you no longer receive

alimony or any other support from a person you agreed you wanted nothing to do with any more).

-The spouse who did not wish to leave the marriage gets the first option to buy out the marital home from

the other.

-The spouse who leaves cannot receive more than fifty percent of the marriage's financial assets. (Prevents

engaging in no-fault divorce for financial gain).

-If a spouse truly feels the other is an unfit parent, or a spouse desires more compensation of any sort, that

person may waive their right to a no-fault divorce and file charges against the other. The accused will be

able to present a defense and be granted a hearing in front of a judge or jury, and be presumed innocent

until proven guilty. (Protects children and spouse from an abusive or psychotic parent, protects accused

parent by granting them a right to a fair trial, which historically has been denied).

These terms will be clearly listed on every marriage license and must be read and signed by both parties

before the marriage is valid.

Please comment. State if you agree with these reforms, don't agree, or have suggestions to improve them.