The Future of No Fault Divorce Laws

By Kristen Shearin, JD, CDFA On 02/05/2025

As of early 2025, no-fault divorce remains legal in all 50 states; however, lawmakers in several states, including Louisiana, Oklahoma, and Texas, have introduced or are actively discussing legislative proposals that could restrict or eliminate the practice. These efforts are driven by concerns over the impact of no-fault divorce on family stability, with proponents arguing for a return to stricter divorce requirements, while opponents warn of potential negative consequences for individuals in difficult or unsafe marriages.

States Considering Legislative Changes

Some conservative-led states are exploring changes to no-fault divorce laws.

  • Louisiana: In 2023, the Louisiana Republican Party discussed supporting the elimination of no-fault divorce, arguing that it undermines marriage stability. While no formal legislation has passed, the topic continues to be debated (WWNO.org).
  • Oklahoma: In January 2024, Senator Dusty Deevers introduced Senate Bill 1958, which would require spouses to prove fault, such as adultery or abandonment, before obtaining a divorce (Wikipedia.org). Proposed laws would create “covenant marriages” where divorces would only be granted under specific conditions, such as adultery or abuse. Couples opting for this form of marriage may receive tax incentives.
  • Texas: In 2024, Texas lawmakers proposed ending no-fault divorce entirely, requiring couples to establish fault grounds for dissolution of marriage. The proposal has yet to pass, but discussions are ongoing (VersusTexas.com).

On the national stage, the 2024 presidential election has intensified debates. Vice President-elect J.D. Vance has expressed concerns about the ease of obtaining divorces, raising concerns among advocates for domestic abuse survivors and women's rights groups (CBSNews.com).

 

Divorce Laws Before No-Fault Policies

Before no-fault divorce laws were established, ending a marriage was significantly more challenging.

  1. Requirement to Prove Fault
    • Courts required one spouse to prove adultery, abuse, abandonment, or substance abuse before granting a divorce.
    • If neither party could establish fault, the court could deny the divorce.
  2. Falsified Evidence
    • Some couples resorted to fabricating evidence of wrongdoing to meet legal requirements.
  3. Difficulties for Women
    • Women often faced financial and legal obstacles in divorce proceedings, particularly in securing child custody and property rights
  4. Cost and Time Considerations
    • Fault-based divorces required legal battles that were costly and time-consuming.

How No-Fault Divorce Changed the Process

California became the first state to adopt no-fault divorce in 1969 under Governor Ronald Reagan. Over the next several decades, all states followed, with New York being the last in 2010.

  • Simplified Process: Couples can now dissolve their marriage simply by citing "irreconcilable differences."
  • Less Litigation: No-fault divorce eliminates the need for courtroom disputes over misconduct.
  • Variations Across States:
    • Quick divorces: Nevada has no waiting period, while Arkansas requires 18 months of separation.
    • Residency rules: Some states (like New York) require up to two years of residency before filing.
    • Fault-based divorce remains an option: States like Texas and Virginia still allow fault-based divorces, which can impact alimony and asset division.

Arguments For and Against Changing No-Fault Divorce

Supporters of restricting no-fault divorce argue that making marriage harder to dissolve strengthens family stability. Critics, however, worry that these changes could trap individuals in unhealthy or unsafe marriages. Organizations like the National Organization for Women (NOW) highlight concerns that eliminating no-fault divorce would disproportionately affect domestic abuse survivors, making it harder for them to leave dangerous situations.

Could the Federal Government Influence Divorce Laws?

Divorce laws are primarily governed at the state level, but the federal government has ways to impact the debate:

  1. Withholding Federal Funds
    • Federal funding for welfare or child support programs could be conditioned on states implementing stricter divorce laws, similar to how highway funds were used to enforce the legal drinking age.
  2. National Divorce Legislation
    • Congress could attempt to establish federal divorce regulations, though this would likely face constitutional challenges.
  3. Supreme Court Rulings
    • A legal case challenging no-fault divorce laws could reach the Supreme Court, potentially reshaping how states handle divorces.

Looking Ahead

As of early 2025, no state has officially repealed no-fault divorce, though discussions continue in several legislatures. While these proposals have yet to become law, the ongoing debates suggest that no-fault divorce could be a policy issue to watch in the coming years.

Tagged with: cdfa, divorce, financial planning, no fault divorce


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