no fault divorce

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no fault divorce

n. divorces (dissolutions) in which neither spouse is required to prove "fault" or marital misconduct on the part of the other. To obtain a divorce a spouse must merely assert incompatibility or irreconcilable differences, meaning the marriage has irretrievably broken down. This means there is no defense to a divorce petition (so a spouse cannot threaten to "fight" a divorce), there is no derogatory testimony, and marital misconduct cannot be used to achieve a division of property favorable to the "innocent" spouse. Increasingly popular since the 1960s, no fault divorce is in effect in every state except Illinois and South Dakota. (See: divorce)

References in periodicals archive ?
10) Thus, no-fault divorce brings along with it a reduction in the spread of marriage ages.
Our experience has been that no-fault divorce leaves the vast majority of Irish men worse off where a marriage split occurs," said spokesman Roger Eldridge.
No-fault divorce wasn't a product of the 1960s; Romans had it, too.
Not in an era of no-fault divorce laws, in which as many as half of all marriages end in divorce, many in the first few years.
In the 37 states that adopted no-fault divorce in the early 1970S (all but five states now allow unilateral divorce), female suicide has fallen by 5 percent to 10 percent, spousal abuse has dropped by about a third, and murder of wives has declined by about 10 percent.
These researchers found that the children in their sample did not believe in no-fault divorce.
It was 1975, when the notions of open marriage and no-fault divorce looked ominous, and for a priest in small-town Minnesota, California seemed like the epicenter of apostasy and new twists on sin.
She said: 'I - and many other lawyers - have been pressing for years to get a position of no-fault divorce.
She argues that in the same way no-fault divorce has engendered a series of cultural cues that ultimately weakened the common meaning of marriage in American life, new procreative technologies may provide cues that could lead to the cultural redefinition of family and the parent-child relationship.
The National No-Fault Divorce Kit, which she purchased for $35 from a local stationery store.
4) Even as scholars and legal reformers have become increasingly aware that marriage does not end instantaneously--recognizing, for example, that despite the "clean break" policies of no-fault divorce law, there are many lingering effects of a broken marriage(5)--they have continued to act as if marriages were created out of thin air, all obligations instantaneously in place.
The Louisiana Covenant Marriage Act, passed into law last August, remains controversial, and with good reason: It is the first experiment in raising both the entrance and exit requirements for marriage since the no-fault divorce revolution began in the 1970s.