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The Meaning of a “No-Fault” Divorce

In 1970, The State of California agreed to a “no-fault” divorce. The reasoning behind this was that it was difficult for couples to get a divorce when they were not happy together. Previously, the couples would have to give a reason for the divorce such as adultery, but this means the aggrieved party had to go to the expense of proving this. It’s not an ideal situation for couples that want to simply get a divorce because they aren’t happy together.

Mental cruelty was typically the reason that couples chose to get a divorce because it was the cheapest way of doing things. In such instances, the accused party would testify to putting the other partner through mental cruelty. However, the courts recognized this practice and deemed that it is illogical to force couples to stay together that aren’t happy, and for that reason, the “no-fault” divorce came into effect.

However, the question that many people ask is “what are the penalties for the spouse that has poor conduct throughout the marriage?” In California, little can be done to provide compensation to the aggrieved party.  However, talk with your lawyer to see what options are available to you.

Read the full article here.

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