Couples across the United States have been able to obtain a no-fault divorce for over 50 years. This is an option that many say is important for supporting victims of domestic violence and preventing already crowded family courts from becoming mired in complex divorce proceedings.
But some women’s advocates are concerned after Vice President-elect J.D. Vance’s comments came out during his presidential campaign against no-fault divorce. And after President-elect Donald Trump and Vance won the election, warnings began appearing on social media urging women considering divorce to “pull the trigger” while they still can. Some lawyers have posted a surge in calls from women seeking divorce advice.
Trump, who has been divorced twice, has not advocated for changes to divorce laws, but Vance in 2021 lamented that divorce is too easy. The same goes for conservative podcasters and others.
“We ran this experiment in real time, and it revealed a lot of very real family dysfunction that was making our children unhappy,” Vance said in a speech at a Christian high school in California. “Change your spouse like you change your underwear.”
Despite concerns, even those who want to make divorce more difficult say they don’t expect big or fast changes. There is currently no national joint effort underway. And because each state determines its own divorce laws, state leaders cannot change their policies.
“Even in some of the red states, there hasn’t been any progress anywhere,” said Beverly Willett, co-chair of the Coalition for Divorce Reform. .
Mark A. Smith, a political science professor at the University of Washington, said that while many Americans have become accustomed to the fact that no-fault divorce is an option, Vance’s previous comments about making it more difficult to separate from a spouse are a sign that such efforts may be initiated. He said it could help. .
“He’s not directly proposing policy, but it’s a topic that hasn’t been discussed much in the last 15 years,” Smith said. “So it’s notable to have a national politician talk like that.”
Meanwhile, Republican platforms in Texas and Nebraska were amended to call for the elimination of no-fault divorce in 2022. The Louisiana Republican Party considered a similar plan earlier this year but ultimately rejected it.
A handful of proposals have been submitted to the Conservative-led state legislature over the years, but all have been promptly halted after submission.
In January, Oklahoma Republican Senator Dusty Deevers introduced a bill that would bar married couples from filing for divorce on the grounds of incompatibility. Devers supported the bill after writing an article declaring no-fault divorce to be “the abolition of the marital obligation.”
Similarly, in South Carolina, two Republican lawmakers introduced a bill in 2023 that would require both spouses to file for no-fault divorce, rather than just one. And in South Dakota, a Republican lawmaker has been trying to eliminate irreconcilable differences as grounds for divorce since 2020.
None of the bill’s sponsors responded to interview requests from The Associated Press. All are members of their state’s conservative Freedom Caucus.
An alarm sounded
Still, some Democrats say they remain concerned about the future of no-fault divorce. They point to America Supreme Court overturns constitutional right to abortion In 2022, there will be examples of long-accepted options being canceled after decades of effort.
“If you choose silence, this will seep in,” said South Dakota Democratic Rep. Linda Duba. “This is a bill that set the stage because we chose to remain silent.”
Before California became the first state to adopt the no-fault divorce option in 1969, couples had to prove that their spouse violated one of the recognized “faults” specified in the state’s divorce law. Otherwise, you risk a judge denying your divorce, Joanna Grossman said. , a law professor at Southern Methodist University in Dallas. Eligible reasons vary from state to state, but often include infidelity, incarceration, or abandonment.
The system has been particularly burdensome for victims of domestic violence, often women, who can become trapped in dangerous marriages while trying to prove their partner’s abuse in court through costly and lengthy legal proceedings.
“Even if there was evidence that the two people wanted a divorce, it should have been dismissed, because the divorce was not something they wanted, but was obtained because they were unfairly treated in some way. This is what the state thought was important,” Grossman said.
“I’m very worried.”
To date, every state in the United States has adopted the no-fault divorce option. However, 33 states still have a list of approved “faults” that can be filed as grounds for divorce, ranging from adultery to felonies. In 17 states, married people only have the option of choosing a no-fault divorce to end their marriage.
Calls to reform no-fault divorce remained muted until the late 1990s. The administration of former President George W. Bush expressed concern about the nation’s divorce rate, sparking a brief movement for states to adopt “arranged marriages.” This option did not replace the state’s no-fault divorce laws, but provided an option for couples subject to counseling requirements and strict exceptions to divorce.
Louisiana was the first state to adopt the covenant marriage option, but that effort largely stalled after Arizona and Arkansas followed suit.
Christian F. Nunes, president of the National Organization for Women, said she was “very worried” about the possibility of no-fault divorce disappearing with the incoming Trump administration, a Republican-controlled Congress and a broad range of conservative national leaders. “I do it,” he said.
“With so many states focused on misogynistic legislative agendas, this will further turn back the clock on women’s rights,” Nunes said in a statement. “This is why abolishing ‘no-fault’ divorce is just another way for the government to control women, their bodies, and their lives. Abolishing no-fault divorce is also a back door to abolishing same-sex marriage. Men and Women “In between.”
Willett, who runs a no-fault divorce group, said he was cautiously optimistic that Trump’s re-election could change the political tide.
“Was what he said a hint of what was to come? I’m not sure,” Willett said. “It’s a good thing, but it’s nothing that’s really been discussed, except for a few high-profile conservatives talking about it.”
