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Divorces (dissolutions) in which neither spouse is required to prove “fault” or marital misconduct on the part of the other. to obtain a divorce a spouse must merely assert incompatibility or irreconcilable differences, meaning the marriage has irretrievably broken down. this means there is no defense to a divorce petition (so a spouse cannot threaten to “fight” a divorce), there is no derogatory testimony, and marital misconduct cannot be used to achieve a division of property favorable to the “innocent” spouse. increasingly popular since the 1960s, no fault divorce is in effect in every state except illinois and south dakota.

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