No-fault divorce has resurfaced in political discourse through Project 2025 and political candidates like GOP Vice Presidential nominee J.D. Vance.
Before 1969, any spouse who wanted out of a marriage, had to prove “fault” against their spouse to legally exit a marriage. Ironically, the man that led the charge to end fault divorces was then-Republican Governor of California Ronald Reagan.
Fast forward a half a century, and the party that championed no-fault divorce now want to end it. In recent months, there’s been a growing chorus amongst the Republican party to bring stricter restrictions on the institution of marriage. Republicans pushing this agenda claim that the ease of divorce is one of the many issues with eroding American family values.
Related: President of Project 2025 Think Tank Applauds J.D. Vance as GOP VP Pick
What is No-Fault Divorce?
Simply put, no-fault divorce does not require proof of misconduct in order to file for divorce. Those involved in the divorce can cite “irreconcilable differences” as the reason for separation rather than abuse, adultery, or abandonment. Both parties share in equal responsibility for the dissolution of marriage.
No-fault divorce is now legal in all 50 states, and it is the most common form of divorce.
Legal Costs of No-Fault Divorce vs. Fault Divorce
The nature and requirements of a divorce drive the legal fees associated with it. Since it is not the responsibility of one spouse to prove fault in a court of law, both partners can avoid thousands of dollars in legal fees.
No-fault divorce can avoid the courtroom entirely unless one spouse decides to “contest” the divorce. If the divorce proceeds uncontested, and both parties agree to the financial terms, then legal fees are manageable.
On the other hand, fault divorce can be costly. In order to prove fault, the involved parties may have to go to trial, pay for litigation, and pay for increased attorney fees. In essence, fault divorces may range from thousands of dollars to tens of thousands depending on the legal battle. These factors put the partner with less money at an immediate disadvantage — and in some cases, eliminate their ability to exit the marriage all together.
Long-Term Costs of No-Fault Divorce
Contrary to popular belief, a 2016 study by Ann E. Cantwell found that “women who underwent a no-fault divorce saw, on average, holding all other factors constant, a decline in well-being relative to women who filed for divorce under a fault divorce scheme.”
Fault divorces, if ruled in favor of the woman, legally produce more substantial financial gain over the long-term. This could be the determining factor for their reported well-being.
Then why, are no-fault divorces the most commonly filed reason for divorce, and according to the BBC, most often filed by women?
Several variables may be at play. For one, partners filing at-fault divorces have a tangible, verifiable reason to file for divorce, such as abuse or infidelity. The reason for the divorce can have implications on things like alimony, child custody, or the way assets are divided up.
But proving abuse to a legal standard, whether physical or psychological, isn’t always straightforward. The same is true for infidelity. Without concrete proof and the financial means to back it, the filing party may not be able to get the divorce at all.
Historically, women made up a significantly larger percentage of those who ran into these obstacles, particularly if they stayed home to raise children and had little to no income of their own. Regan’s change in divorce laws allowed people to walk away without the legal hurdles that prevented them from doing so in the past.
Those that didn’t have the means to do so before took the opportunity as soon as it came. Shortly after no-fault divorce became legal, divorce rates nearly doubled over the next 10 years before leveling off thereafter.
Moreover, as women have made significant economic gains since 1969, they are less financially dependent on their spouse to provide for them as they get on their feet after the marriage. They also have more of their own assets and net worths to protect.
Divorce Equals Money Lost
Divorce is costly. If you are worried about the financial losses of divorce, hopefully it’s not too late for these two magic words:
Prenuptial agreement.
