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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.
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]
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.
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]
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 ...
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 ...
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In many cases, irreconcilable differences were the original and only grounds for no-fault divorce, such as in California, which enacted America's first purely no-fault divorce law in 1969. [2] California now lists one other possible basis, "permanent legal incapacity to make decisions" (formerly "incurable insanity"), on its divorce petition form.
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