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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.
According to one of the attorneys in the M. v. H. case, the ruling dealt "a body blow to discrimination" in Canada. [3] Although the ruling applied specifically only to the Ontario law, the constitutional principles declared by the court had far-reaching implications for all other provinces in their treatment of same-sex couples' rights. [5]
The federal Divorce Act of 1968 standardized the law of divorce across Canada and introduced the no-fault concept of permanent marriage breakdown as a ground for divorce as well as fault-based grounds including adultery, cruelty and desertion. [106] In 1986, Parliament replaced the Act, which simplified the law of divorce further. [107]
No-fault divorce is, as it sounds, a divorce that can be obtained without anyone having to allege or prove that one party’s behavior is to blame. A majority of states also allow fault divorce ...
In Quebec, the Civil Code of Lower Canada declared that "Marriage can only be dissolved by the natural death of one of the parties; while both live it is indissoluble." [11] [12] In Ontario, there was no pre-Confederation divorce law, although several efforts had been made prior to Confederation to bring it about. [13]
In Canada, family law is primarily statute-based. The federal government has exclusive jurisdiction over marriage and divorce under section 91(26) of the Constitution Act, 1867. The main piece of federal legislation governing the issues arising upon married spouses’ separation and the requirements for divorce is the Divorce Act.
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.
No-fault divorce law ‘hallelujah moment’ for couples. Jemma Crew. Updated April 5, 2022 at 4:11 AM. Desktop scenario (John Lamb via Getty Images)
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