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Reassessing Fault Factors In No-Fault Divorce, Peter N. Swisher

Law Faculty Publications

The purpose of this article is not to "turn back the clock" through the rehabilitation of fault grounds as the sole means for securing a divorce in America. Rather, this article will explore the ways in which fault-based factors, when applied to serious or egregious marital misconduct that significantly contributes to the marital breakdown, may still be utilized in order to bring about enhanced social, economic, and legal protection to spouses on divorce, while concurrently establishing a greater sense of responsibility and accountability in marital relationships.