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What is a no-fault divorce?

Traditionally, divorce was granted on the basis of some marital misconduct such as adultery or physical abuse. In these cases, the spouse who engaged in the misconduct was punished by getting a smaller share of the marital property or by being denied custody of his or her children. In a no-fault divorce, however, both parties agree that there is no fault involved in the grounds for divorce. In fact, in no-fault divorce, any misconduct is irrelevant to the divorce proceedings, a marriage can be terminated simply because the couples agree that the marriage is no longer salvageable, and the marriage can be dissolved if either of the partners so chooses.


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