Editing Divorce (section)

==== No-fault divorce ====
Most Western jurisdictions have a [[no-fault divorce]] system, in which a divorce can be granted based only on the assertion by one of the parties that the marriage has broken down irretrievably, without any need for an allegation or proof of fault.<ref>{{cite web|title=No Fault Divorce Law & Legal Definition|url=http://definitions.uslegal.com/n/no-fault-divorce/|publisher=US Legal|access-date=3 June 2013|archive-url=https://web.archive.org/web/20130202125654/http://definitions.uslegal.com/n/no-fault-divorce/|archive-date=2 February 2013|url-status=live}}</ref> The application can be made by either party or by both parties jointly.

In jurisdictions adopting the no-fault principle, some courts may still take fault into account when determining some aspects of the terms of the divorce decree, for example, the division of property and debts and provision of spousal support. Some behaviors that may constitute marital fault, such as violence, cruelty, or substance abuse may also  be considered when determining child custody, but child custody judgements are made based on a different fundamental standard: the child's or children's best interests.