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Unlike other issues, the movement was unable to achieve agreement on this issue.Lucy Stone changed her position on the issue over time.Only three states (Mississippi, South Dakota and Tennessee) require mutual consent (in Tennessee it is needed only in certain circumstances) for a no-fault divorce to be granted.No-fault grounds for divorce include incompatibility, irreconcilable differences, and irremediable breakdown of the marriage.

Under a no-fault divorce system the dissolution of a marriage does not require an allegation or proof of fault of either party.

Since the mid-1990s, a few states have enacted covenant marriage laws, which allow couples to voluntarily make a divorce more difficult for themselves to obtain than usual.

For example, couples who choose to undertake a covenant marriage may be required to undergo counseling before a divorce can be granted, or to submit their conflicts to mediation.

Other possible explanations include the popular acceptance of divorce as an alternative to marital unhappiness, "the decay of the belief in immortality and future punishment", "the discontent with the existing constitution of society","the improvement of transportation and the habits created by new mobility", "and the greater independence of women resulting in their enlarged legal rights and greater opportunities of self support" The Married Women's Property Acts in the United States were laws passed by the various states that gave greater property rights to women and, in some cases, allowed women to sue for divorce.

The women's rights movement debated the issue of whether to allow divorce, with Jane Swisshelm and Elizabeth Cady Stanton as early voices in favor, and Horace Greeley and Antoinette Brown Blackwell opposed.

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