“Before the 1960s, it was really hard to get divorced in America.<\/p>\n\n\n\n
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 \u201ccruelty\u201d (that is, abuse). This could be difficult: \u201cEven if you could prove you had been hit, that didn\u2019t necessarily mean it rose to the level of cruelty that justified a divorce,\u201d said Marcia Zug<\/a>, a family law professor at the University of South Carolina.<\/p>\n\n\n\n Then came a revolution: In 1969, then-Gov. Ronald Reagan of California (who was himself divorced) signed the nation\u2019s first no-fault divorce law<\/a>, allowing people to end their marriages without proving they\u2019d been wronged. The move was a recognition that \u201cpeople were going to get out of marriages,\u201d Zug said, and gave them a way to do that without resorting to subterfuge<\/a>. Similar laws soon swept the country, and rates of domestic violence and spousal murder<\/a> began to drop as people \u2014 especially women \u2014 gained more freedom to leave dangerous situations. <\/p>\n\n\n\n Today, however, a counter-revolution is brewing: Conservative commentators<\/a> and lawmakers<\/a> are calling for an end to no-fault divorce, arguing that it has harmed men and even destroyed the fabric of society.”<\/p>\n\n\n\n …<\/p>\n\n\n\n “It\u2019s worth noting that though the no-fault laws initially led to spikes in divorce, rates then began to drop, and reached a 50-year low in 2019, CNN reports.<\/a> But today, an end to no-fault divorce would cause enormous financial, logistical, and emotional strain for people who are trying to end their marriages, experts say. Proving fault requires a trial, something many divorcing couples today avoid, said Kristen Marinaccio<\/a>, a New Jersey-based family law attorney. A divorce trial is time-consuming and costly, putting the partner with less money at an immediate disadvantage. It can also be \u201creally, really traumatizing\u201d to have to take the stand against an ex-partner, Marinaccio said.<\/p>\n\n\n\n There\u2019s also no guarantee that judges will always decide cases fairly. In the days of fault-based divorce, courts were often unwilling to intervene in marriages even in cases of abuse, Zug said.<\/p>\n\n\n\n No-fault divorce can be easier on children, who don\u2019t have to experience their parents facing each other in a trial, experts say<\/a>. Research suggests that allowing such divorces increased women\u2019s power in marriages and even reduced women\u2019s suicide rates<\/a>. A return to the old ways would turn back the clock on this progress, scholars say.<\/p>\n\n\n\n \u201cWe know exactly what happens when people can\u2019t get out of very unhappy marriages,\u201d Zug said. \u201cThere\u2019s much higher incidences of domestic abuse and spousal murder.\u201d”<\/p>\n\n\n\n