Should the government ban no-fault divorce?
No-fault divorce allows a spouse to end a marriage without proving wrongdoing, a legal standard adopted by all 50 states starting with California in 1969. Recently, conservative commentators and politicians have argued for its repeal, claiming it undermines the nuclear family and incentivizes a "throwaway culture." Opponents argue that reinstating fault-based divorce would trap victims—disproportionately women—in abusive or loveless marriages and clog courts with fabricated accusations of adultery to secure a split. Proponents support this to discourage divorce and strengthen the institution of marriage; opponents oppose it to preserve individual autonomy and safety.
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