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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.
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.
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 ...
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 ...
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.
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 ...
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Bernard Witkin's Summary of California Law, a legal treatise popular with California judges and lawyers. The Constitution of California is the foremost source of state law. Legislation is enacted within the California Statutes, which in turn have been codified into the 29 California Codes.