Concerns Grow Among Supporters of No-Fault Divorce Amid Potential Bans

For over half a century, married partners in the United States have been able to utilize no-fault divorce, a practice viewed as essential by many for aiding victims of domestic abuse and for preventing the overload of complex divorce cases in family courts.

However, apprehensions have intensified among advocates, especially following past remarks by Vice President-elect JD Vance, which resurfaced during the presidential campaign. These remarks included opposition to no-fault divorce, which became a talking point after the electoral victory of President-elect Donald Trump and Vance. This led to a flurry of warnings on social media, advising women contemplating divorce to act swiftly, utilizing the no-fault option while still available. Reports have indicated a surge in consultation inquiries from women seeking divorce advice.

While Trump—who has experienced divorce twice—has not made revising divorce laws a priority, Vance's commentary in 2021 portrayed divorce as excessively accessible. Conservative commentators have echoed similar sentiments.

Vance remarked on a perceived rise in family dysfunction impacting children, criticizing the ease of changing spouses. Although concerns have surfaced, even proponents of making divorces less obtainable acknowledge the improbability of significant, rapid legislative shifts. Divorce laws are formulated at the state level, outside the purview of a united national strategy.

Beverly Willett, co-chair of the Coalition for Divorce Reform, noted that efforts to repeal no-fault divorce laws in some conservatively leaning states have repeatedly failed to gain traction. Meanwhile, political scientist Mark A. Smith believes Vance’s past comments could reinvigorate discussions about divorce law reform.

State-Level Influence

In 2022, changes to the Republican Party platforms in states like Texas and Nebraska advocated for the removal of no-fault divorce clauses, though Louisiana refrained from following suit. Despite legislative proposals surfacing across conservative statehouses, none have successfully progressed to implementation.

For example, Oklahoma Senator Dusty Deevers put forward a bill to eliminate incompatibility as a divorce ground, citing it as an abdication of marital responsibilities. Similarly, moves in South Carolina required mutual filing to pursue a no-fault divorce, and in South Dakota, attempts have been made to abolish irreconcilable differences as divorce grounds since 2020.

Renewed Warnings from Lawmakers

Democratic legislators have voiced growing concerns about the endurance of no-fault divorce options, citing the U.S. case study of long-standing rights being eroded through extended efforts. Representative Linda Duba from South Dakota emphasized the importance of active engagement to prevent such legislative backslide.

Prior to California’s groundbreaking adoption of no-fault divorce in 1969, couples were required to substantiate their spouse's misconduct in alignment with state-specific grounds such as infidelity or imprisonment to obtain a divorce – a system particularly burdensome for domestic abuse victims trapped in harmful marriages.

Current Legal Landscape

No-fault divorce remains a lawful option across all U.S. states, with a majority still maintaining specified grounds for fault-based divorces. However, in 17 states, couples can only resort to no-fault divorce.

The conversation around reforming no-fault divorce did not gain substantial momentum until the late 1990s when initiatives introduced by President George Bush’s administration incited discussions on covenant marriages. Although the movement gained initial traction with Louisiana leading the way, only a few other states adopted similar measures.

Christian F. Nunes, president of the National Organization for Women, articulated deep concerns about the potential rollback of no-fault divorce laws amid a conservative political milieu. She highlighted that such changes could be detrimental to women's autonomy and could indirectly challenge same-sex marriages.

Beverly Willett, opposing no-fault divorce, suggested a cautious optimism regarding possible shifts in political policy; however, she acknowledged that substantial discussions around this topic have yet to materialize among political leaders.