The Pros of a No-Fault Divorce Can Cause Positive Ripple Effects
The 1970s-known for disco, bell bottom jeans, lava lamps, muscle cars, the Brady Bunch, Pong, and the first Concorde commercial flight-but what about divorce? In the 1970s a revolution took place in the United States. Not the British Invasion, but rather a divorce law revolution. In the 1970s alone, 37 states amended or repealed divorce laws, now allowing married couples to divorce under a “no-fault” system. Under the old, “fault-based” scheme, one party would have to be found guilty of adultery, abandonment, physical or emotional abuse, or a protracted separation period (at least 2 years), etc.
Generally, under this scheme, if an individual seeking a divorce could not prove that one of the previously listed grounds for divorce was present, American courts would not grant the divorce. Without evidence proving their partner was engaging in atrocious acts, an individual was forced to remain in their marriage. A policy argument in favor for the sweeping change in divorce laws is that under the prior “fault-based” scheme, individuals who wished to divorce often did so through perjury and falsification of evidence to get around the strict statutory requirements.
No-fault divorce laws… Read More... “A Historical Perspective of No-Fault Divorce Laws in Ohio”