Divorce

Divorce is a legislatively created, judicially administered process that legally terminates a marriage no longer considered viable by one or both of the spouses. Divorce is also known as dissolution of marriage. Traditionally, divorce was fault-based. There was an “innocent or injured” party and a party that had done “wrong.” The “innocent” party could obtain legal relief or a divorce. This system was adversarial in nature. Even if both parties wanted a divorce, one party had to allege wrongdoing by the other. Starting in the 1970s in California, this system was reformed and a “no-fault” system was put in place.

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