Traditionally, divorce was granted on the basis of some marital misconduct such as adultery or physical abuse. In these cases, the spouse who engaged in the misconduct was punished by getting a smaller share of the marital property or by being denied custody of his or her children. In a no-fault divorce, however, both parties agree that there is no fault involved in the grounds for divorce. In fact, in no-fault divorce, any misconduct is irrelevant to the divorce proceedings, a marriage can be terminated simply because the couples agree that the marriage is no longer salvageable, and the marriage can be dissolved if either of the partners so chooses.
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