The fundamental premise of this commentary is that the ALl has erred in not including appropriate nonfinancial fault-based factors in the Principles for three major reasons: 1) other no-fault laws, including no-fault automobile insurance law, no-fault workers compensation law, and strict liability in tort law, have all incorporated a number of fault-based exceptions to their general no-fault framework for serious or egregious conduct, and American divorce law should likewise have a similar fault-based exception for serious or egregious marital misconduct; 2) a substantial number of states continue to recognize and utilize a number of fault-based statutory factors in divorce for serious and egregious marital misconduct, and these state courts generally have applied such fault-based remedies in a realistic and responsible manner; and 3) alternative tort or criminal law remedies for serious and egregious marital misconduct have proven to be inadequate legal remedies in theory and practice. Accordingly, this commentary will conclude that fault-based factors for egregious marital misconduct should be retained, or should be seriously reconsidered, by any state legislature that is considering legislative adoption of the ALI Principles.

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