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How did the coming of no-fault divorce change things?
Prior to the so-called liberalization of divorce, which began in 1970 in California, fault was the only way to end a marriage in many jurisdictions. That meant that the plaintiff-spouse alleging fault bore a heavy burden proving the facts underlying the allegation and withstanding the defendant’s trenuous opposition. Proving could turn on the corroborating testimony of witnesses; defending could mean claims that the plaintiff procured the adultery, or condoned it, or colluded with the defendant in the commission of the alleged acts that substantiated the fault. |
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