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The bill, introduced by the new senator from Elgin, is drawing ire from attorneys and domestic violence victims' advocates.
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.
Though no-fault divorce was first legalized more than 50 years ago, it has long been sneered at in conservative circles, ... All states currently have some version of a no-fault divorce law, ...
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.
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.
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]
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