Before the 1960s, it was really hard to get divorced in America.

Typically, the only way to do it was to convince a judge that your spouse had committed some form of wrongdoing, like adultery, abandonment, or “cruelty” (that is, abuse). This could be difficult: “Even if you could prove you had been hit, that didn’t necessarily mean it rose to the level of cruelty that justified a divorce,” said Marcia Zug, a family law professor at the University of South Carolina.

Then came a revolution: In 1969, then-Gov. Ronald Reagan of California (who was himself divorced) signed the nation’s first no-fault divorce law, allowing people to end their marriages without proving they’d been wronged. The move was a recognition that “people were going to get out of marriages,” Zug said, and gave them a way to do that without resorting to subterfuge. Similar laws soon swept the country, and rates of domestic violence and spousal murder began to drop as people — especially women — gained more freedom to leave dangerous situations.

Today, however, a counter-revolution is brewing: Conservative commentators and lawmakers are calling for an end to no-fault divorce, arguing that it has harmed men and even destroyed the fabric of society. Oklahoma state Sen. Dusty Deevers, for example, introduced a bill in January to ban his state’s version of no-fault divorce. The Texas Republican Party added a call to end the practice to its 2022 platform (the plank is preserved in the 2024 version). Federal lawmakers like Sen. J.D. Vance (R-OH) and House Speaker Mike Johnson, as well as former Housing and Urban Development Secretary Ben Carson, have spoken out in favor of tightening divorce laws.

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    5 months ago
    TW: Suicide/Death/Domestic Violence

    Wolfers and Stevenson traced suicide rates before and after divorce reform and found a statistically significant reduction of nearly 6 percent in the female suicide rate following a state’s change to unilateral divorce. There was no discernible change in male suicides. Looking longer term, they found close to a 20 percent decline in female suicides 20 years after the change to no-fault divorce.

    The percentage of husbands abused by their wives increased in the 11 states with unchanged laws also, yet remained the same in no-fault divorce states. For women, the change was greatest: Women victims of spousal violence declined by 1.7 percent from 12.8 percent in the reform states in the same period that spousal violence against women increased 2.5 percentage points in the non-reform states.

    No-fault Divorce Laws May Have Improved Women’s Well-being