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The availability of no-fault divorce across the United States has been a significant legal option for over half a century. This framework has been hailed as a necessary measure for protecting victims of domestic abuse and alleviating the pressure on family courts by simplifying divorce proceedings.
However, recent remarks made by Vice President-elect JD Vance during the presidential campaign have raised alarms among advocates for women’s rights, as these comments suggested opposition to the existing no-fault divorce laws. Following the electoral success of President-elect Donald Trump and Vance, social media saw a surge of warnings encouraging women contemplating divorce to act quickly before potential changes could restrict their options. Attorneys have reported increases in inquiries related to divorce consultations, indicating a growing concern among women.
While Trump, who has gone through two divorces himself, has not actively pushed to change divorce laws, Vance’s assertions in 2021 indicated a belief that accessibility to divorce should be reconsidered. These thoughts have echoed among certain conservative commentators as well.
During a speech at a Christian high school in California, Vance critiqued the ease with which couples can divorce, expressing concern over the resulting family dysfunction and its impact on children. He metaphorically described the casual nature of divorce, equating it to changing underwear.
Despite these criticisms, many who wish to tighten divorce regulations do not foresee immediate changes on a large scale. With divorce laws being determined at the state level, there is no overarching initiative pushing for reform, rendering national politicians powerless to effect change unilaterally.
“Even in some of the so-called red states, it hasn’t gotten anywhere,” stated Beverly Willett from the Coalition for Divorce Reform, which has sought unsuccessfully to encourage states to repeal their no-fault laws.
Political science expert Mark A. Smith noted that while no-fault divorce is widely accepted, Vance’s comments may reignite discussion on the topic—something that has been largely absent in recent years. He emphasized the significance of a national figure raising the issue.
In 2022, the Republican platforms in Texas and Nebraska were modified to advocate for the abolition of no-fault divorce, while Louisiana’s Republican Party contemplated similar measures without ultimately proceeding. Several proposals have been submitted in state legislatures but none have advanced past initial stages.
In January, Oklahoma’s Republican Senator Dusty Deevers proposed legislation to prohibit divorce on grounds of incompatibility, an initiative he supported in the context of criticizing no-fault divorce as undermining marital responsibilities. Similar legislative efforts were made in South Carolina and South Dakota, but none of these attempts gained traction.
Concerns about Future Developments
Despite apprehensions, some Democratic legislators express ongoing fears for the future of no-fault divorce. They draw parallels to the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade—a long-standing legal right that was rescinded after a concerted effort over the decades.
“By remaining silent, you allow these issues to gain momentum,” warned South Dakota’s Democratic Representative Linda Duba, elaborating on how a lack of vocal opposition could facilitate the passage of restrictive legislation.
Before the landmark adoption of no-fault divorce by California in 1969, couples were required to demonstrate fault in order to secure a divorce, significantly disadvantaging victims of domestic violence. Legal experts highlighted the difficulties faced by those needing to prove abuse, which often forced individuals to remain in harmful situations during drawn-out legal battles.
Continued Advocacy and Concerns
All states in the U.S. now allow no-fault divorce, yet 33 still recognize various fault-based grounds for divorce. Only 17 states limit couples to no-fault options exclusively. The conversation around reforming no-fault divorce had quieted until the late 1990s, when discussions related to divorce rates prompted an effort to create “covenant marriages,” but this concept failed to supplant existing no-fault provisions.
Christian F. Nunes, president of the National Organization for Women, expressed significant anxiety about the implications of a potential rollback of no-fault divorce under the Republican administration, deeming it a method for further governmental control over personal lives.
With Trump’s future in office looming large, Willett noted a cautious optimism regarding the political landscape, acknowledging the uncertainty of upcoming discussions surrounding divorce laws.
“Is this indicative of upcoming changes? It remains to be seen,” Willett remarked. “While there have been a few influential conservatives discussing it, the broader conversation has not taken shape.”
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