Its a common complaint about divorce, the process is not only emotionally fraught and expensive, but it takes far too long. Between waiting periods and overloaded court dockets, it can take months for a divorce to wind its way to a conclusion. Though such complaints are nearly universal, recent news reports indicate that those couples unlucky enough to reside in Mississippi may have far more cause for concern than others. Thats because Mississippi is one of only two states (along with South Dakota) that do not allow for no-fault, unilateral divorce.
Trying to mediate
What is a no-fault, unilateral divorce, you may be wondering? No-fault refers to a kind of divorce that doesnt require holding any one party responsible for the demise of the marriage. States without no-fault divorce, like Mississippi, require someone to be responsible and this can prove difficult for a number of reasons. One reason is that sometimes, no one is at fault, marriages just arent working. Another issue is that requiring fault typically makes a contentious divorce even more so. Finally, finding fault can be hard to prove and thus time-consuming, forcing couples to spend time assigning blame rather than making plans for their life post-divorce.
Collaborative Divorce
A unilateral divorce refers to a split that can be accomplished by one person alone. Though we all know it takes two to tango, when it comes to divorce, its good to be able to move alone. The reason is that if one spouse is particularly uncooperative or combative, unilateral divorce allows the other party to get out of the marriage despite the attempted obstruction. In states without unilateral divorce, the spouse trying to leave might find themselves truly trapped.
No-Fault Divorce
So why is no-fault divorce a good thing? Weve already touched on some of the important benefits, but lets run through them again. For one thing, no-fault divorces are much faster. With speed comes efficiency and with efficiency comes cost savings, meaning no-fault divorces are also cheaper than those where fault must be found. No-fault divorces are potentially less acrimonious, given that one party doesnt have to be blamed for the failure of the marriage. Its for all these reasons that 48 out of 50 states have adopted no-fault grounds for divorce, an attempt to make it easier on unhappy couples to end their marriages.
What Makes an Easy Divorce?
Back to the title of the post, why is it a good thing to be able to divorce easily? A good example comes from Mississippi, where the legislature is currently embroiled in a fight over how to modernize the states antiquated divorce laws. At least two solutions have been proposed and both were quickly rejected by one influential legislator philosophically opposed to divorce. After an outcry from critics, the legislator agreed to meet with a domestic violence support group, the Center for Violence Prevention and discuss the matter. The group explained to the legislator how important a change in the law is to victims of domestic violence across Mississippi. As the law currently is written, divorce is nearly impossible if one spouse refuses to cooperate, leaving vulnerable spouses at the mercy of their controlling partners. Though some argue that abuse is already a legitimate ground for divorce, the CVP revealed examples of judges across the state who have said single incidents of abuse arent enough to satisfy the ground of habitual cruel and inhuman treatment. According to the CVP, the law helps abusers by encouraging their victims to feel trapped and helpless.
In Mississippi, the way the divorce law has been written, to make it exceedingly difficult, not easy, has caused some families serious and unnecessary harm. In a hopeful sign, the previously obstructionist legislator has now changed his tune and, after meeting with the CVP, authored an amendment of his own designed to make the divorce process simpler, especially for those who may be victims of violence. Though Mississippi still has a long way to go to smooth out an overly complicated process, this appears to be a step in the right direction.
Dakota County Divorce Lawyers
An experienced Minnesota family law attorney can help walk you through the difficult process of divorce, including offering advice on confusing financial issues such as alimony and helping negotiate emotional subjects like child custody arrangements. For more information on divorce in Minnesota, along with a variety of other topics, contact Joseph M. Flanders of Flanders Law Firm at612-424-0398.
Source:Lawmaker flips to support domestic abuse as divorce reason, by Sarah Smith, published at SunHerald.com.
