Abstract
The impact of no-fault divorce laws was investigated through direct observation of divorce hearings, with emphasis on how divorce is experienced by contesting and uncontesting clients, and by the judge. Client expectations were identified and found to be largely unmet. The judge was found to have a general antipathy toward divorce cases; four factors that contribute to this antipathy are identified. Finally, it is suggested that, despite the no-fault divorce laws, divorce hearings are generally unsatisfactory for all parties due at least in part to the traditional adversarial nature of the legal procedure.
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