The ability to unilaterally terminate a marriage is a central aspect of modern divorce law. This concept concerns whether one spouse can legally end a marriage even if the other spouse does not consent or actively opposes the dissolution. For example, in many jurisdictions, a spouse can file for divorce based on irreconcilable differences, signaling an inability to maintain the marital relationship, regardless of the other spouse’s wishes.
The significance of unilateral divorce lies in protecting individual autonomy and providing an exit from untenable or harmful marital situations. Historically, divorce was often only granted based on fault, requiring proof of adultery, abuse, or abandonment. The shift towards no-fault divorce, enabling one party to end the marriage without proving wrongdoing by the other, has greatly expanded access to divorce and reduced the adversarial nature of the process. This evolution has also recognized the potential for significant personal and societal harm when individuals are compelled to remain in unwanted or detrimental marriages.
