If people are cheating and abusing, contractually obligating someone to stay with you is not going to change that.
The divorce costs have to be met by or between the divorcing couple and the fact that there is an OP is irrelevant in cost terms. This doesn't mean that the injured party cannot sue the OP in a civil case however.
Same in Portugal. But going to civil court here is madness, cases take years and the chance of getting anything worthy is almost non-existent. Great if one is wealthy. Otherwise, not so much.
I don't know how it is on the US, OK or elsewhere, but here it is far easier and faster to divorce mutually than with our weird court no-fault. Court means years, mutual means pretty fast. And cheap. For mutual no lawyer is necessary, there can be one, but not mandatory. For court lawyers are necessary.
If think if divorces weren't so easy maybe it would force some of these couple to actually try to work it out.
It wouldn't. Divorce was virtually a no thing here during the dictatorship, from 1928 to April 1974, and afterwards it was still rare for a while. Couples remained married but didn't work anything out. Mostly they lead separated lives. Like my aunt and uncle start to do at a point.
It is an illusion to think that if there was no divorce couples would sort things out. People sort things out if they want to/think it is worthy. The only difference is that, where before they would lead separate lives, keeping money and assets intact, now they divorce.
I also feel if there is an adulterous relationship going on, a person should be able to state that as a reason, let the alienator be named. They were part of the reason the marriage broke up.
Adultery can be stated as a reason and the alienator can be named here and usually is. No one can commit adultery alone. That is not the same as having the alienator sharing the costs. But are they really part of the reason the marriage broke up? Or it the married person the reason? Or the spouse who wants a divorce from the adulterer.
A marriage does not broke just because there was an affair. It will break because the adulterer does not want to leave the adultery partner (rare in non MLC cases) or because the cheated spouse wants to end the marriage.
What now we have, since Supreme Court case of a few years ago, is that adultery, regardless of divorce, means the cheated spouse can ask for monerary compensation for emotional damages. And probably one can for monetary compensation for money spend on the alienator or joint money spend by the alienator.
Would I, if I made laws/was a judge, had a problem making an alienator pay the cheated spouse? It would depend. If the alienator didn't know the other person was married I would. A one night stand wouldn' make sense. Alienators that knew the person was married? Probably not.
If people are cheating and abusing, contractually obligating someone to stay with you is not going to change that.
Of course not. But no-fault means it was no one's fault. If there is adultery, someone broke the contract. With our old law the divorce would still happen if one or the other side wanted it, but the adulterous partner would have to pay a very expensive finacial price for it. As it should be.
Adulterer and non-adulterer aren't alike, which is what no-fault divorce causes. Since marriage is a contract, a person that breaks it should pay for the infringement if the other part so wishes. As is the case with any other type of contract. Break a clause and you will be made to pay.
So far, I've got no divorce deal at all, while Mr J lives the high life. But since even a judge thinks the poor man needs to lead a dignified life, it seems not much, aside from mutual agreement can be arranged.
To leave it clear, the name of no-fault here is "Divórcio Sem o Consentimento do Outro Cônjuge" (Divorce Without the Consent of the Other Spouse). Fault was abolish, but one still needs to prove responsability/who was responsible. That is what Mr J was not able to do. He cannot prove I was responsible or at fault, for the end of the marriage.
Sometimes good things fall apart so better things can fall together. (Marilyn Monroe)