The Past—and Potential Future—of No-Fault Divorce

It was 1969 when then-governor Ronald Reagan of California signed the first provisions for no-fault divorce into law. Previously, one partner was required to prove that the other was guilty of some sort of intolerable behavior that warranted—in the eyes of the state—a split. While every state had its own standards, they generally included things like abuse, mental cruelty, or infidelity. And faster than you could say, “no-fault,” things in the country started to change.

Impacts of No-Fault Divorce 

A number of things happened right away as states adopted no-fault divorce statutes:

• Women experienced 30 percent less domestic abuse;
• There was an 8-16 percent drop in suicides for women;
• There were 10 percent fewer homicides of women by their husbands;
• There was an initial—although temporary—increase in the number of divorces;
• People reported more satisfaction in their marriages;
• More divorces were initiated by women.

 What’s Ahead? 

Even though divorcing couples have been relying on no-fault divorce to make a clean split for decades, there are those who believe simply claiming irreconcilable differences is too easy an out of a moral and legal contract. Undermining the sanctity of marriage and wounding men (by empowering women) should not and cannot be tolerated, they claim, even though all 50 states in the union have laws on the books allowing for no-fault divorce. Their goal: to restrict, or totally put an end to divorce laws that allow for no-fault divorce.

Where Might This Happen? 

Conservative states—Oklahoma, Texas, and Nebraska, to name a few– are seeing efforts to do away with no-fault divorce. The impetus for the move comes from conservative leaders like U.S. House Speaker Mike Johnson and national vice-presidential contender J.D. Vance. Overall, however, most people don’t anticipate a landslide of states adopting more restrictive divorce laws.

What is the Bottom Line? 

The fear is that society would take some steps backward to the not-so-coveted days when women were considered the property of their husbands. And while the notion may be gaining feasibility, sociologists and others who study the issue believe that, while some people—women, in particular– would be trapped in unhappy unions, others could collude with their partners to come up with a legal excuse for divorce and get it done anyway. Of course, there are also those who might be able to establish residency in a state that allows no-fault divorce in order to navigate the split.

Getting the Divorce You Want 

Here in Missouri, no-fault divorce certainly is not on the immediate horizon.  If you are considering a split, the ethical and experienced Springfield family attorneys at Courtney & Mills can help. Schedule a confidential consultation and learn how we can advocate for you.

Source:

nationalaffairs.com/publications/detail/the-evolution-of-divorce