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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]
A common criticism of no-fault divorce law is the sharp increase in divorces in the United States since its legalization in 1969. ... Recent divorce rates mirror the years before the legalization ...
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.
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. [30] A no-fault divorce is much easier to obtain than a fault divorce. [31] They save time and money plus neither party has to provide evidence. [31] A no-fault divorce also allows ...
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.”
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