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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.
The surveys revealed that 50% of Americans are disappointed with no-fault divorce and would like alterations to the system to make no-fault divorce more difficult. [31] A no-fault divorce is much easier to obtain than a fault divorce. [32] They save time and money plus neither party has to provide evidence. [32] A no-fault divorce also allows ...
In the United States, each state has distinctive reference names for grounds for divorce. [4]All states recognize some form of no fault divorce. A no fault divorce can be granted on grounds such as irretrievable breakdown of the marriage, irreconcilable differences, incompatibility, or after a period of separation, depending on the state.
Before Ronald Reagan ushered in no-fault divorce in 1969 during his time as California’s governor, every state required spouses to prove “fault” to obtain a divorce.
In 1961, prominent NAWL member Matilda Fenberg explained the reasoning behind the group’s own proposed no-fault divorce bill and called current divorce laws “impractical and unsound.”
Often the law required a witness to prove that spouse’s fault; in Illinois, for example, a witness had to observe a husband striking his wife twice for the wife to qualify for a divorce for cruelty.
The National Association of Women Lawyers was instrumental in convincing the American Bar Association to create a Family Law section in many state courts, and pushed strongly for no-fault divorce law around 1960 (cf. Uniform Marriage and Divorce Act). In 1969, California became the first U.S. state to pass a no-fault divorce law. [15]
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