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No Fault Divorce

No fault divorce is a type of divorce that does not require the petitioner in a divorce suit to prove any ‘fault’ or marital misconduct of the respondent for obtaining a divorce. The petitioner may obtain the divorce by merely asserting that there is some incompatibility or irreconcilable difference between the petitioner and the respondent; or assert that the marriage has been broken down irretrievably.  A petition for no-fault divorce may be moved before a family court, by either party to the marriage.  Laws providing for no-fault divorce also limit the potential legal defenses of a respondent who would prefer to remain married.

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