Table of Contents:
- The push for no-fault divorce began in the early 20th century.
- In 1969, California was the first state to legalize no-fault divorce under the helm of then governor Ronald Reagan. The law went into effect January 1, 1970.
- Texas legalized no-fault divorce in 1970 but still allows couples to use at-fault grounds to sue for divorce.
- Texas family courts can decide to allot one spouse a larger portion of the marital estate if they can prove the other spouse was at fault for the failure of the marriage.
- It’s critical to seek legal advice to determine whether suing for divorce based on at-fault fault grounds makes sense, strategically, financially and emotionally.
- In cases of cruelty and domestic violence, it may make sense to speak with a civil litigation attorney in Texas as well.
The legalization of no-fault divorce, starting with California in 1969, transformed the landscape of divorce in the United States. Once legalized, no-fault divorce made it easier for couples to divorce because parties were no longer required to prove someone was at fault for the failure of a marriage. Today, some version of no-fault divorce is available in all 50 states.
In this blog, we’ll share insight on no-fault divorce history, explain how it compares to divorce with fault grounds in Texas and discuss what that means for Texas families. As always, the experienced family lawyers at the Sisemore Law Firm in Fort Worth are available to help you weigh your legal options if you’re considering divorce.
The history of no-fault divorce in the U.S.
Prior to the wide-spread adoption of no-fault divorce in the U.S., state divorce laws generally required that one of the two spouses be found at fault for undermining the viability of a marriage. Fault grounds varied from state to state but often included cruelty, adultery, excessive drinking and abandonment, among other faults.
What prompted the push for no-fault divorce?
When fault grounds were required for divorce, parties would need to show one spouse was wronged and the other spouse was at fault. There was no sharing of blame or agreeing to amicably move on. This was problematic for couples who mutually agreed they wanted a divorce. It was even very common for couples to concoct stories of affairs or abandonment so a judge would grant them a divorce.
The push for no-fault divorce has a long and storied history. From a group of women lawyers—the National Association of Women Lawyers (NAWL)—pushing for no-fault divorce legislation in the early 20th century to California legalizing no-fault divorce in 1969 to New York state legalizing it in 2010, it took decades for no-fault divorce to become legal across the U.S.
When did no-fault divorce begin?
Then Governor Ronald Reagan signed California’s Family Law Act into law in 1969. After the law went into effect on January 1, 1970, California officially became the first no-fault divorce state in the U.S. Since then, California family courts have been able to dissolve a marriage (grant a divorce) based on one of two no-fault grounds: irreconcilable differences and incurable insanity.
When did no-fault divorce become legal in Texas?
After California legalized no-fault divorce, many other states followed, with Texas legalizing no-fault divorce in 1970. Unlike California, Texas didn’t eliminate the option to use traditional fault grounds for divorce, the state added no-fault provisions to existing divorces laws instead. You’ll find more details on Texas no-fault divorce, at-fault divorces and fault grounds below.
How did no-fault divorce spread across the country?
Most states jumped on the no-fault divorce bandwagon in the 1970s and 80s, with some states following California’s lead and exclusively adopting no-fault divorce laws. Other states took a hybrid approach like Texas, where couples could choose a no-fault divorce or an at-fault divorce with fault grounds. In 2010, New York state was the last state to sign a no-fault divorce law, allowing couples to choose from both no-fault and at-fault divorce options.
How no-fault divorce changed the legal system and society
While divorce rates did climb following the legalization of no-fault divorce, the divorce rate peaked in 1980 and declined afterwards. According to research on divorce (1900-2022) by Bowling Green State University, the rate of women experiencing divorce went from 4.1 per 1,000 in 1901 to its peak of 22.6 in 1980, then down to 14.6 in 2022.
What were the legal impacts of no-fault divorce?
How divorce family courts deal with divorce today has changed dramatically. For one, couples don’t need to fabricate stories of infidelity or other “faults” to get divorced, wasting time for the parties involved and the courts. No-fault divorces also tend to be resolved more easily and expeditiously—often through mediation—which can help mitigate legal costs. Less litigation also means less pressure on our over-taxed legal system that has been pressed to its limits in recent years.
How did no-fault laws affect women and families?
It depends on who you ask, and there are vocal opinions on both sides of the no-fault divorce topic, which we won’t discuss here. However, a 2004 study by economists Betsey Stevens and Justin Wolvers did reveal that female suicides decreased 8 to 16%, intimate partner violence decreased around 30% and murders of women by their partners decreased 10% after no-fault divorce laws were enacted.
What about the kids? As a family law attorney, children are always my top concern. Keeping families together whenever possible is also a priority for me. That doesn’t mean couples should always stay married for the kids’ sakes.
While more kids are being raised in single parent homes since no-fault divorce became legal, there are many single and divorced parents who are doing a great job raising their children. Choosing whether to get divorced or not, and choosing between no-fault and at-fault divorce when divorce becomes necessary, should be based on the unique circumstances of each family in question.
No-fault vs. fault-based divorce in Texas
Residents of the state of Texas have the legal right to get a divorce, either by agreeing to a no-fault divorce or by pursuing an at-fault divorce based on fault grounds. Even if one of the parties doesn’t want to get a divorce, that doesn’t prevent the other party from getting a divorce.
What is no-fault divorce in Texas?
In Texas, you don’t need to prove that either party was at fault for the breakup of a marriage. You can get divorced based on of three no-fault fault grounds: insupportability (often referred to as irreconcilable differences), living apart for three years or more with no plans for reconciliation or confinement to a mental hospital.
What is fault-based divorce in Texas?
Some people will file for divorce in Texas based on their belief that the other party has done something (the fault) that irretrievably harmed their marriage. The four at-fault fault grounds in Texas include: cruelty, adultery, conviction of a felony and abandonment.
These fault grounds can be critical in a Texas divorce, because judges will take them into account when determining how to divide community property (Texas is a community property state.). If the judge finds one party was at fault based on these grounds, he or she may award the other party a larger share of the marital estate.
How do you choose between fault and no-fault grounds?
It’s best to speak with an experienced family law attorney to discuss your options. Obviously, if you and your spouse agree neither party is at fault, a no-fault divorce is typically the route to go. If you want to pursue divorce based on fault grounds like adultery or cruelty, you will need to prove cheating or abuse occurred and you suffered harm as a result.
You should also consider whether it’s worth it financially. If you don’t have much if anything of value in your marital estate, it may not be worth going through the emotional strain of an acrimonious, at-fault divorce. You may also have options for damages through traditional civil courts, which a civil litigation attorney can clarify for you.
Want to take a deeper dive into no-fault vs. at-fault divorce? Check out this past post: The 7 Grounds for Divorce in Texas.
Navigate your divorce options with the Sisemore Law Firm
If you’re contemplating divorce, it’s critical to look closely at all of the options available to you. That’s where our empathetic and experienced Fort Worth divorce attorneys can help. We understand what you’re going through and are committed to pinpointing a strategy that will deliver the best outcome for your case.
Want to speak with a divorce lawyer at the Sisemore Law Firm? Contact us today to schedule a confidential case review.
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