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Why are some states banning no-fault divorces?

On Behalf of | Feb 29, 2024 | Divorce

There has been a worrying trend in the news lately. Several states (Texas, Louisiana and Nebraska) have acted to ban no-fault divorces. Once again, one spouse must demonstrate marital fault or both spouses consent to the split to get legally divorced.

Will these reverberations reach the California coast? Under the current political climate here, it is unlikely to see such a proposal gain any traction in California. After all, we live in the state where no-fault divorces first began —and were signed into law in 1969 by none other than former Gov. Ronald Reagan.

Why those changes are bad policy

Following the implementation of no-fault divorces, the suicide rate for women dropped by 20%. There was also a sharp downturn in incidents of domestic violence. Perhaps most importantly, the rates of homicides of women at the hands of their male partners decreased.

Reinstating fault divorces can threaten the lives and well-being of women and their children. Trapping someone in a bad marriage is never a good solution to a problem.

Pay attention to any changes in divorce laws

While this sea change in the aforementioned other states has no bearing on the California family law courts, it is always a good idea to pay close attention to any trends or changes in the laws of the land.

If you are planning to divorce your spouse, learn more about how the state’s divorce laws work. As California is a community property state, you will need to be strategic when dividing your assets and debts. Getting it right should leave you poised to launch the next chapter of your post-divorce life.