No-fault divorce laws: Some want to make divorce harder, but don't expect big, swift changes
FILE-A pair of wedding rings lie on a wooden table. (Photo by Annette Riedl/picture alliance via Getty Images)
No-fault divorce laws have been available to married couples nationwide for over 50 years.
A no-fault divorce law is a most common type of marriage split and does require any proof of wrongdoing. The filing spouse simply claims as grounds for the divorce that the couple cannot get along and the marriage has broken down, according to the Legal Information Institute.
Every state across the country has adopted a no-fault divorce option which some believe is critical to supporting domestic abuse victims and important to stop family courts from being overwhelmed with complex divorce court cases.
But the Associated Press reports that 33 states still have a list of approved "faults" to file as reasons for divorce, including adultery and a felony conviction. In 17 states, married people only have the option of choosing no-fault divorce to end their marriages.
The push to amend no-fault divorce did not gain traction until the late 1990s, when concern pushed by former President George Bush’s administration over the nation’s divorce rate fueled a movement for states to adopt "covenant marriages."
This choice didn’t replace the state’s no-fault divorce law but provided an option for couples that carried counseling requirements and strict exceptions for divorce, the AP reported.
Louisiana was the first state to embrace covenant marriage options, but the effort stopped after Arizona and Arkansas followed suit.
Politicians propose legislation to end no-fault divorce laws
Multiple proposals have been introduced in conservative-led statehouses through the years but were stalled after they were filed.
Oklahoma Republican Sen. Dusty Deevers introduced legislation in January that would have removed married couples from filing for divorce on the grounds of incompatibility. The AP reported that Deevers supported the bill after writing a piece declaring no-fault divorce was an "abolition of marital obligation."
In South Carolina, two Republican lawmakers filed a bill last year that would have required both spouses to file for a no-fault divorce application rather than just one.
A Republican legislator in South Dakota tried to remove irreconcilable differences as grounds for divorce since 2020.
Meanwhile, several Democratic legislators say they are concerned about the future of no-fault divorce. The political party highlights the Supreme Court overturning the constitutional right to abortion in 2022 as an example of a long-accepted option that was revoked through a decades-long effort, according to the AP.
Separately, some worry that President-elect Donald Trump may attempt to change the law, with warnings circulating on social media encouraging women who may be considering divorce to move forward with their plans.
The AP noted that while Trump has not supported overhauling the U.S. divorce laws, Vice President-elect J.D. Vance has complained that divorce is too easily accessible.