Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.
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Paper published in the Harvard Journal of Law and Public Policy, written by Douglas Allen, on the economics of same-sex marriage, argues that the introduction of no-fault divorce led to a six-fold increase in just two years, after a century of rather stable divorce rates.
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The only ground for No-fault divorce is irretrievable breakdown of marriage, evidenced by a twelve-month separation.
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Until 1976, No-fault divorce was only possible if one spouse had acted wrongly – a rule referred to as the Schuldprinzip.
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In particular, the separation period required before a formal No-fault divorce can be shortened if "the continuation of the marriage would be an unreasonable hardship for the petitioner for reasons that lie in the person of the other spouse".
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Maltese law permitting no-fault divorce went into effect in October 2011, following a national referendum on the subject.
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In Mexico City, this type of No-fault divorce is legally known as divorcio incausado o sin expresion de causa and colloquially as divorcio expres.
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No-fault divorce was introduced by the Bolsheviks following the Russian Revolution of 1917.
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In Spain, this type of No-fault divorce is legally known as divorcio incausado or divorcio unilateral and colloquially as divorcio expres.
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No-fault divorce was introduced in Spain in 2005 as part of the reform of Spain's divorce law of 1981.
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One example where no-fault divorce is allowed in Scotland is when a couple proves they have resided separately for at least a year and non-fault divorce can therefore be granted with the consent of the other party.
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Many American lawyers and judges objected to the legal fictions used to satisfy the requirements for No-fault divorce, which were effectively rendering oaths meaningless and threatening to wreck the integrity of the American justice system by making perjury into a commonplace occurrence.
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The Act abolished California's action for No-fault divorce and replaced it with a proceeding for dissolution of marriage on the grounds of irreconcilable differences.
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