In the not-too-distant past, to get a divorce, one spouse would have to prove that the other spouse did something wrong – such as cheat on them. If the party seeking a divorce didn’t have evidence of wrongdoing, a court may not grant a divorce. This often had the effect of trapping people in unhappy – and sometimes abusive – marriages.
Today, all states have some version of no-fault divorce. This type of divorce allows a couple to get a divorce based on irreconcilable differences without either party having to prove that the other wronged them. While this type of divorce does make it easier to get a divorce, it has not led to an increase in divorce in the United States.
No-fault divorce is also important for people in abusive marriages. Under the fault divorce system, many people were stuck in abusive marriages because they couldn’t prove that it reached the level of cruelty required under their state’s laws. No-fault divorce allows people to leave an abusive spouse without the time and expense of a fault divorce process.
What Is No-Fault Divorce?
Until the late 1960s, “fault” divorce was the standard across the United States. In this type of proceeding, the person seeking a divorce would have to prove that their spouse effectively did something wrong.
For example, in Pennsylvania – where fault divorce was the only option until 1980 - the party who filed for divorce would have to prove that their spouse:
Deserted them without reasonable cause for a year or longer;
Committed adultery;
Endangered their life “by cruel and barbarous treatment;”
Entered into a bigamous marriage (i.e., married to two people at once);
Had been sentenced to 2 or more years in prison; or
Offered “such indignities to the innocent and injured spouse as to render that spouse’s condition intolerable and life burdensome.”
In addition, a court may grant a divorce if one spouse has been committed in a mental institution for at least 18 months before filing and there is no reasonable prospect that they will be released within 18 months of filing for divorce.
Pennsylvania’s fault divorce law refers to the party filing for divorce as the “innocent and injured” spouse. However, a person was not assumed to be the “innocent and injured” spouse simply because they filed for divorce. Instead, they had to prove that their spouse treated them badly in one of the ways enumerated by the law in order to get a divorce.
With no-fault divorce, neither party has to prove that the other did something wrong or that they are “innocent and injured.” Instead, the parties can decide to get a divorce because of “irreconcilable differences” – that they simply do not want to be married anymore, for whatever reason. In Pennsylvania, both parties can consent to a divorce if they agree that the marriage is irretrievably broken.
Why No-Fault Divorce Is Important
Critics of no-fault divorce often argue that it is bad for society because it makes divorce too easy. The argument is essentially that if people don’t have to prove that their spouse did something wrong, they will get divorced on a whim.
There is no evidence to support the notion that the divorce rate increases when no-fault divorce laws are enacted. However, there is proof that no-fault divorce rates benefit women who are in abusive marriages. Specifically, economists Betsey Stevenson and Justin Wolfers report that states that enacted no-fault divorce laws experienced an 8 to 16% decrease in the suicide rates for wives and a 30% decline in domestic violence. In addition, as no-fault divorce laws have become nearly universal across the United States, the divorce rate has actually fallen from 23 in 1,000 marriages in 1979 to under 17 per 1,000 in 2005.
According to Marium Durrani, vice president of policy at the National Domestic Violence Hotline, “any barrier to divorce is a really big challenge for survivors. What it really ends up doing is prolonging their forced entanglement with an abusive partner.” With fault divorce, women are often trapped in abusive marriages because it is difficult – or even impossible – to prove that their spouse is hurting them. Fault divorce also gives family court judges a lot of power to make their own subjective decisions about whether someone’s desire to leave their marriage is legitimate – and whether they should tolerate certain behavior.
The fault divorce system also tends to be far more acrimonious and leads to much more expensive and stressful divorces – another factor that can make it difficult for someone in an abusive relationship to leave. Few spouses accused of something like cruelty will openly admit to it in court. Instead, a divorce may drag on for years as the parties try to prove their side. There is also a strong incentive to lie in court to either get a divorce – or block your spouse from getting one.
By comparison, a couple who agrees to divorce based on an irretrievable breakdown of the marriage could be divorced in a matter of months. Even if one party does not agree, a Pennsylvania court can grant a divorce if the parties have lived separately for at least a year. This option removes the subjective aspect from divorce cases, and also allows people in abusive marriages to leave the relationship without the consent of their abuser.
Domestic violence is about gaining and maintaining power and control over another person. Many people who abuse utilize the legal system to continue this cycle. No-fault divorce makes it easier for victims and survivors to take back their power – and to break this cycle of abuse.
How We Can Help
At Blackburn Center, we offer a range of services to people who have experienced all types of violence and crime – including domestic abuse. Our services include counseling and therapy, medical and legal accompaniment, a 24-hour hotline, and civil legal services.
If you are in an abusive relationship, we are here to help. You can reach a trained crisis counselor anytime at 1-888-832-2272 (TDD available). Deaf and hard-of-hearing may use VRS to call hotline. Calls to our hotline are free of charge and can be anonymous.
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