No-Fault Divorce: What It Is, Why It Matters, and What Could Happen If It Goes Away
Divorce is never easy. It’s one of life’s most challenging transitions, and the last thing anyone needs is for the process to make it harder. But if some politicians get their way, they might do just that. There’s a growing conversation about whether no-fault divorce laws in some states could face changes or even revert back to a fault-based system. Let’s unpack what no-fault divorce is, why it’s important, and what it might mean if it were rolled back.
What Exactly is No-Fault Divorce?
No-fault divorce was first made into law in 1969 by then Governor of California, Ronald Reagan. No-fault divorce, also known as unilateral divorce, allows marriages to end even if one person wants out of the marriage and the other person wants to remain married. No-fault divorce gives you the option to dissolve a marriage without needing to show your spouse was at fault. You don’t have to prove they cheated, abandoned you, or were abusive. Instead, you can simply cite “irreconcilable differences” or say the relationship has broken down beyond repair.
Before no-fault divorce laws, couples had to jump through legal hoops to show fault— adultery, cruelty, or abandonment. Needless to say, this often made a painful situation even worse, both emotionally and financially.
Why No-Fault Divorce Matters
No-fault divorce is about more than just paperwork—it fundamentally changed how we approach the end of marriage. Here’s why it’s important:
It Takes the Blame Game Off the Table
Divorce is already hard. Having to prove your spouse is the “bad guy” can make it even harder. No-fault divorce allows couples to move forward without adding unnecessary conflict.You Don’t Have to Stay Stuck
No-fault divorce gives people a way out of unhappy or unhealthy marriages—no need to justify your reasons or stay in a situation that doesn’t serve you anymore.It’s Kinder to Everyone Involved
By lowering the temperature on the legal process, no-fault divorce creates space for more cooperative solutions. This is especially helpful if kids are involved since it’s easier to co-parent when there’s less bitterness.
It’s Faster and Less Expensive
Let’s face it, divorces can be draining in every possible way—emotionally, mentally, and financially. No-fault divorce simplifies the process so you can focus on rebuilding your life instead of being stuck in courtroom drama.
What Could Happen If We Went Back to Fault-Based Divorce?
While no-fault divorce has become the norm, some politicians like Speaker of the House Mike Johnson and Vice-President Elect J. D. Vance, are pushing to roll it back, arguing that it has made divorce too “easy” (insert eye roll here), and that it has allowed for the disintegration of the sanctity of marriage and family values. But going back to fault-based divorce could come with serious consequences.
Since 1969, studies have shown no-fault divorce correlates with a reduction in female suicides and a reduction in intimate partner violence. “A 2004 paper by economists Betsey Stevenson and Justin Wolvers found an 8 to 16% decrease in female suicides after states enacted no-fault divorce laws. They also noted a roughly 30% decrease in intimate partner violence among both women and men, and a 10% drop in women murdered by their partners.”—The National Organization for Women
According to Stevenson and Wolfers, “Without access to unilateral divorce, people trapped in a bad marriage had few choices. While they could leave the marriage without being granted a divorce, they would not be able to take any assets from the marriage and would be unable to to marry.”
More Conflict and Emotional Damage
Fault-based divorces force people, usually women, to “prove” their spouse is to blame, often airing painful and private details in court. Which means that if a woman is in an abusive marriage, she would have to bring evidence of that abuse to court and testify to it in front of a judge and her spouse. This can escalate hostility and make an already difficult process even more traumatic.
Harder to Leave Unhealthy Marriages
For someone in an abusive or controlling relationship, requiring proof of fault could make it harder to escape. Imagine needing to convince a court of emotional abuse—something that’s hard to prove and potentially deeply traumatizing.
Longer, More Expensive Divorces
Fault-based cases often involve extensive legal battles, which means more time, more money, and more stress. This could make divorce inaccessible for people who can’t afford drawn-out court cases. Before no-fault divorce, husbands typically controlled a family’s finances, and they were not required to support their spouse financially unless she could prove abuse. That, and the social stigma for seeking divorce — not to mention the difficult process of having to prove “fault” — was a major deterrent. These problems got more complicated if the husband didn’t want a divorce.
Negative Impact on Children
Children are already vulnerable during a divorce. Prolonged legal battles and increased conflict between parents can create a toxic environment, making it even harder for kids to adjust. They might also be required to testify against a parent in court, further traumatizing them and forcing them to take sides.
Why This Matters
Reverting to fault-based divorce would make a painful process even harder, especially for those already in vulnerable situations. While divorce will never be easy, no-fault laws give people a chance to separate with less judgment, fewer roadblocks, and more focus on what comes next. It’s a system that acknowledges the complexity of relationships and prioritizes cooperation over blame. And we need to do everything in our power to keep it.