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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.
All states currently have some version of a no-fault divorce law, but Republicans in Texas and Nebraska list the dissolution or restriction of no-fault divorce in their state party political ...
In the United States married couples are allowed to end a marriage by filing for a divorce on the grounds of either fault or no fault. [6] In the past, most states only granted divorces on fault grounds, but today all states have adopted the no fault divorce. [7] Fault and no-fault divorces each require that specific grounds be met. [8]
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.
All states allow no-fault divorce on grounds such as irreconcilable differences, irremediable breakdown, and loss of affection. Some states mandate a separation period before no-fault divorce. Mississippi, South Dakota and Tennessee are the only states that require mutual consent for no-fault divorce. The rest of the states permit unilateral no ...
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.
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 ...
Recent divorce rates mirror the years before the legalization of no-fault divorce. In 2022, 673,989 couples dissolved their marriage—2.4 per 1,000 people—less than the 2.9 per 1,000 people ...