No-fault Divorce

Should Couples Getting a Marriage License be Able to Elect to Require a Finding of Fault to Obtain a Divorce?

The debate over fault vs no-fault divorce highlights the tension between marital commitment and individual autonomy.

Understanding Fault vs No-Fault Divorce in Modern Law

A proposal in Iowa has sparked renewed debate over the role of no-fault divorce in modern marriage law. Senate File 2172, introduced by Senator Jesse Green, would allow couples applying for a marriage license in Iowa to voluntarily waive the right to seek a no-fault divorce. While the bill ultimately did not advance this session, the arguments surrounding it reveal deep divisions about marriage, personal autonomy, and the function of family law. This seemed to me to be an interesting topic to discuss.

Under current law, Iowa follows the no-fault divorce model (similar to Ohio’s) adopted by most states in the 1970s. This system allows a marriage to be dissolved based on an irretrievable breakdown of the relationship, without requiring either spouse to prove wrongdoing. The proposed legislation would not eliminate no-fault divorce entirely.… View Full Article → “Should Couples Getting a Marriage License be Able to Elect to Require a Finding of Fault to Obtain a Divorce?”

A Historical Perspective of No-Fault Divorce Laws in Ohio

The Pros of a No-Fault Divorce Can Cause Positive Ripple Effects

The 1970s-known for disco, bell bottom jeans, lava lamps, muscle cars, the Brady Bunch, Pong, and the first Concorde commercial flight-but what about divorce? In the 1970s a revolution took place in the United States. Not the British Invasion, but rather a divorce law revolution. In the 1970s alone, 37 states amended or repealed divorce laws, now allowing married couples to divorce under a “no-fault” system. Under the old, “fault-based” scheme, one party would have to be found guilty of adultery, abandonment, physical or emotional abuse, or a protracted separation period (at least 2 years), etc.

Generally, under this scheme, if an individual seeking a divorce could not prove that one of the previously listed grounds for divorce was present, American courts would not grant the divorce. Without evidence proving their partner was engaging in atrocious acts, an individual was forced to remain in their marriage.… View Full Article → “A Historical Perspective of No-Fault Divorce Laws in Ohio”