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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 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 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.”
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.
1965 – The Supreme Court overturns laws prohibiting married couples from using contraception (Griswold v. Connecticut). 1967 – The Supreme Court overturns laws prohibiting interracial couples from marrying (Loving v. Virginia). [3] 1969 – The first no-fault divorce law, signed by Governor Ronald Reagan, is adopted in California. [3]
Louisiana, which has considered eliminating no-fault divorce, was the first state to pass a "covenant marriage" law, a religion-based contract married couples can choose that makes it ...
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.
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 ...
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related to: wisconsin no fault divorce law history