Is the Future of No-Fault Divorce at Risk?
When then-governor Ronald Reagan of California signed the first provisions for no-fault divorce into law in 1969, some said he was partially motivated by having gone through a divorce with Jane Wyman where he’d had to confess to causing her mental anguish. That was better, after all, than being guilty of physical abuse or infidelity. In those days, 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 mental cruelty, violent behavior, or cheating. And as soon as states began to follow California’s lead, things in the country started to change.
No-Fault Divorce had Positive Impacts for Women
Several things happened right away when states adopted no-fault divorce statutes:
- Women suffered 30 percent less domestic abuse;
- An 8-16 percent drop in suicides for women occurred;
- There were fewer homicides of women by their husbands—to the tune of 10 percent;
- There was an initial jump in the number of divorces, although it’s tapered off now;
- People reported feeling more satisfaction in their marriages;
- Women began to initiate more divorce.
What’s Ahead?
Individuals have been using no-fault divorce to make a clean break for decades. Even so, there are some who think that merely declaring there are irreconcilable differences makes dissolving a marriage far too easy. After all, it’s collapsing both a moral and a legal contract! No-fault divorce should not and cannot be tolerated, they say, because it undermines the sanctity of marriage and wounds men (by empowering women). Their goal: to restrict, or completely terminate divorce laws that allow for no-fault divorce.
Where Might This Happen?
Texas, Oklahoma, and Nebraska, to name a few conservative states– are seeing efforts to do away with no-fault divorce. The impetus for the move comes from conservative leaders like national vice-presidential contender J.D. Vance and U.S. House Speaker Mike Johnson. Even so, most people don’t expect that a landslide of states will adopt more restrictive divorce laws.
What Does it Mean?
Some have apprehension about the revert back, fearing that society will be heading to the old days when women were considered the property of their husbands. And while the idea of eliminating no-fault divorce becomes more possible every day, sociologists and others who study the issue believe that, while some women may find themselves trapped in unhappy unions, others could conspire with their partners to invent a legally acceptable excuse for divorce part ways despite the revocation of no-fault divorce. Others may 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 Florida, no-fault divorce certainly is not on the immediate horizon. If you are considering a split, the ethical and experienced Boca Raton divorce attorneys at WiseLieberman can help. Schedule a confidential consultation and learn how we can advocate for you.
Source:
nationalaffairs.com/publications/detail/the-evolution-of-divorce
