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?”