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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.
A fault divorce is a divorce which is granted after the party asking for the divorce sufficiently proves that the other party did something wrong that justifies ending the marriage. [8] For example, in Texas, grounds for an "at-fault" divorce include cruelty, adultery, a felony conviction, abandonment, living apart, and commitment in a mental ...
A summary divorce means the spouses have discussed the terms required by state law to issue a divorce and they have reached a mutual agreement. Almost every state allows for this type of "uncontested" divorce. [83] [84] An uncontested joint divorce petition will often save a divorcing couple both time and money.
Though no-fault divorce was first legalized more than 50 years ago, it has long been sneered at in conservative circles, who see it as a danger to the sanctity of marriage and the concept of the ...
In 1981, the Chinese marriage law considered a different basis for marriage in order to prevent a divorce. [10] Marriage had to be based on love, understanding, and mutual respect. [10] With this law, the Chinese government feels the people will be loyal to the nation. [10] In some religions, men can, or could, repudiate their wives without cause.
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.
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