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What is No-Fault Divorce?

What is no fault divorce

Evidence of no-fault divorce first popped up in Russia around the early 1900s. California was the first state in the union to create no-fault divorce laws in 1969.

A total of nine states had no-fault by 1977. In 1983 only South Dakota and New York did not allow no-fault divorce. Finally in 2010 New York became the last state in America to have no-fault.



Since the beginning, no-fault divorce has been a contentious topic. Some feel it is a necessary tool to avoid long divorce trials and litigations. Proponents also say a no-fault can help victims of domestic violence quickly get out of an abusive marriage without having to face their abuser in court.

Opponents argue that no-fault divorce can allow a party who has violated the marriage agreement to file for divorce without the judge knowing the full scope of the situation.


A person cheats on their spouse and then files for a no-fault divorce. If the judge knew the filing party had violated the marriage contract, it could affect the judge’s ruling in regards to alimony and child support.

Since the judge would be unaware of the breach of contract, a no-fault divorce actually protected the party at fault.

Regardless of opinions, a no-fault divorce lets spouses divorce for just about any reason, and this legal tool isn’t likely to go away anytime soon.


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