Conservative Push to End No-Fault Divorce Sparks Debate Over Women's Rights and Family Stability

Some conservative lawmakers and commentators are pushing to end no-fault divorce laws, which currently allow individuals in all 50 US states to end a marriage without proving fault like adultery or abuse. Opponents argue these laws deny due process, primarily for men, and harm families and society. Republican legislators in Louisiana, Oklahoma, Nebraska, and Texas have discussed restricting or eliminating these laws.

Advocates for no-fault divorce argue that repealing these laws would restrict women's rights, similar to recent moves like overturning Roe v. Wade. They emphasize that no-fault divorce enables women to escape abusive marriages and maintain autonomy. Before the first no-fault divorce law passed in California in 1969, women often had to prove abuse to get a divorce, which could trap them in harmful marriages.

Studies show that the introduction of no-fault divorce laws in various states led to significant reductions in domestic violence, female homicide by intimate partners, and female suicide rates. Without these laws, proving abuse in court can be challenging due to the difficulty of gathering evidence and the adversarial nature of legal proceedings.

Conservative figures like Matt Walsh, Steven Crowder, and Senator JD Vance argue that no-fault divorce is unfair to men and increases divorce rates, harming society. Despite an initial rise in divorce rates after the laws were introduced, the US divorce rate has declined since its peak in 1980.

Beverly Willett, a writer and attorney, contends that no-fault divorce is unconstitutional because it denies due process. Critics, however, argue that her stance is outdated and fails to recognize modern legal protections for women.

The debate over no-fault divorce mirrors broader discussions on women's rights and societal norms. Despite some conservative efforts to roll back these laws, experts like Denise Lieberman believe that the widespread acceptance of no-fault divorce over the past 50 years will make such changes difficult to implement, although recent legal shifts like the reversal of Roe v. Wade show that established precedents can be overturned.