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 ?
The relationship soured and Appel sought a no-fault divorce in Fairfax.
In this country, we don't have no-fault divorce or irreconcilable differences unless a couple have been separated for two years.
For clarity, divorce advocates in the Philippines may say that what they want is a no-fault divorce.
Public policy, however, moved in the opposite direction, with 49 states adopting no-fault divorce laws by 1985.
No-fault divorce cleared the way for couples who could demonstrate no specific act worthy of having a third party declare their marriages to be over to nonetheless end the marriage simply by agreeing to do so and signing the necessary legal documents.
She also drafted the no-fault divorce law and the Baker Act.
The bill, which reduces the waiting period for a unilateral, no-fault divorce in Pennsylvania from two years to one year, was signed into law by Gov.
Notwithstanding that cautionary note, this precise thing happened when California pioneered no-fault divorce in 1969.
85) In Boston, one couple even went to court to sue for the right to a no-fault divorce.
Developments and new approaches in family law that are relevant to our discussion include matters such as: divorce without fault but by demand--a relationship terminable at-will; removal of fault as a relevant factor in divorce proceedings; modern theoretical bases for joint property such as the values of labor, reward for work, morality and equality; societal perceptions of the family unit; the realization that the no-fault divorce revolution was detrimental to the family unit; disappointment in tort law as a means for responding to harm resulting from extramarital relationships, and more.
California was the first state to pass a no-fault divorce statute in 1969.
Just as the adoption of no-fault divorce facilitated the private ordering of divorce disputes, so too has the endorsement of postdivorce coparenting as a legal norm helped mediation and collaboration replace adjudication and adversary negotiation as the preferred means of resolving custody disputes between divorcing and separating parents.