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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 ...
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 ...
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]
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 ...
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 ...
[6] [7] [8] In contrast to no-fault divorce's more lenient requirements for non-covenant marriages, a spouse in a covenant marriage desiring a divorce may first be required to attend marital counseling. [9] [8] A spouse desiring a divorce must also prove that one of the following is true: [9] [10] [8] The other spouse has committed adultery.