Okay But Why Is No-Fault Divorce at Risk?

The Movement Against No-Fault Divorce

In 2021, JD Vance made his opinion about divorce clear. He stated that Americans were changing spouses as often as they changed their underwear, while also implying that women should stay in violent marriages because he thinks divorce causes family dysfunction and makes children unhappy.

Unfortunately, he’s not alone. Despite the fact that no-fault divorce is widely allowed in all fifty states, there’s been a growing push by religious extremists, including several in the Trump administration, to end the practice. The idea is growing in popularity with conservative Christian leaders, men’s rights groups, and “trad wife” influencers. Already, politicians in states like Texas and South Dakota have proposed legislation that takes away the right to divorce for irreconcilable differences. But is there any truth to the claims these people, including JD Vance, are making about the impact of divorce?

The History of Divorce in America

Before no-fault divorce was allowed in 1969, you had to legally prove that your spouse had committed one of a handful of wrongdoings, including cheating or abuse. But these are notoriously hard to prove in court, which means that a husband could just deny it and his wife couldn’t get a divorce. Or if both spouses wanted out, but they didn’t have a legally valid reason, they’d have to lie and invent evidence. These people had to commit the crime of perjury to end their marriage.

In 1969, California was the first state to enact a no-fault divorce law, which was signed by then-Governor Ronald Reagan. Other states passed similar laws over the next couple of decades, making it possible for every couple to have the right to decide if they want to stay married or not.

Some have argued that it has led to an increase in divorce rates. It’s true that divorce rates did rise after 1969. They reached their peak in 1985 at 5 divorces per 1,000 people. But before no-fault divorce, many couples remained married technically, while living separately, so looking strictly at divorce rates themselves isn’t an accurate measure of whether couples were staying together or not.

In fact, divorce rates have continued to go down over the past 30 years. In 2022, the divorce rate had fallen to 2.4 per 1,000 people – around half of what it was in the 1980s. So, given that during this time the laws haven’t changed, it’s not really possible to claim that legalizing no-fault divorce leads to more divorces.

The Benefits of No-Fault Divorce for Women and Children

In states with no-fault divorce, female suicide rates decreased 15% and domestic violence rates decreased 30% since the law passed. And there’s been a 10% drop in women murdered by their partners. It’s not an exaggeration that having access to no-fault divorce has been lifesaving for many women.

In the 1980s and 90s, some Americans became convinced that divorce is the worst thing that could possibly happen to a kid. But research shows that it’s actually the level of conflict between parents, regardless of whether they get divorced, that’s damaging to kids. Children of amicably divorced parents have similar success rates and mental health as those of married parents.

So if no-fault divorce is better for most couples, makes women safer, and isn’t harming kids, why are extremist politicians pushing to end it?

Banning No-Fault Divorce is about Control

It’s really not that complicated – it’s about control. It’s no surprise that many of the pundits who are out there bemoaning no-fault divorce, like podcaster and YouTuber Steven Crowder, have also been accused of domestic violence The majority of divorces, around 70%, are initiated by women. So what these men want to do is keep women from leaving. This is just another way to take us back to a time when women deferred to their husbands and did what they were told.

The reality is that getting divorced is a decision made with serious, deep consideration. We should all have the right to make this incredibly personal decision for ourselves.