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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.
Before California became the first state to adopt a no-fault divorce option in 1969, married couples had to prove their spouse had violated one of the approved “faults” outlined in their state’s divorce law or risk a judge denying their divorce, said Joanna Grossman, a law professor at Southern Methodist University in Dallas.
To date, every state in the U.S. has adopted a no-fault divorce option. However, 33 states still have a list of approved “faults” to file as grounds for divorce — ranging from adultery to felony conviction. In 17 states, married people only have the option of choosing no-fault divorce to end their marriages.
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]
In many cases, irreconcilable differences were the original and only grounds for no-fault divorce, such as in California, which enacted America's first purely no-fault divorce law in 1969. [2] California now lists one other possible basis, "permanent legal incapacity to make decisions" (formerly "incurable insanity"), on its divorce petition form.
This conclusion hints at the shape of another quandary at the center of the no-fault divorce debate, and public feelings on divorce in general: Whether divorce itself is a problem, or if it’s a ...
This system largely remained intact until the late 1960s, when as the common narrative goes, the activism of second-wave feminists led states to start adopting no-fault divorce. The historical ...
Beginning in 1969, when then-California Gov. Ronald Reagan signed the first no-fault divorce law in the U.S., no-fault divorce has enabled millions of people to file to end their marriages for ...