No-fault divorce laws allow one partner to legally end the marriage even if the other spouse does not consent. The option also gives couples a way out of the marriage without one partner accusing the other of any wrongdoing. Although no-fault divorce removes grounds from divorce proceedings, the American Bar Association points out that the courts can still consider factors such as abuse or infidelity when determining child custody, child support and spousal support issues.
Decrease in Domestic Violence
According to reports published by the National Center for Children in Poverty, children raised in families where domestic violence is present in the household are at higher risk of experiencing depression, anxiety, and even aggression. Men who abuse their wives are more likely to abuse their children as well, which puts even more pressure on a woman to escape an abusive marriage. However, findings of a 2004 study conducted by researchers Justin Wolfers and Betsey Stevenson show a decrease in the rates of domestic violence following the enactment of no-fault divorce legislation. No-fault divorce laws can give women who might not otherwise leave abusive relationships an easier and more affordable way out of the marriage. In most states, until no-fault divorce laws were passed, divorce was not necessarily easy to obtain. A couple could not be divorced without the consent of both spouses or without one spouse proving fault on the part of a non-consenting partner.
Decrease in Suicides
During their research, Wolfers and Stevenson found that no-fault divorce legislation has also lead to a decrease in the number of suicides among women. The speculation is that no-fault divorce can change the balance of power in a couple’s relationship, lowering the threat and perhaps improving a woman’s sense of safety and well-being. The researchers identified a statistically significant decrease in the overall national female suicide rate after states began passing no-fault divorce laws. Statistics indicate no similar decline in the rate of male suicides following a state’s adoption of no-fault divorce legislation. Reports show that the female suicide rate drops even more over the longer term.
Decrease in Homicides
A survey of statistics published by the American Bar Association reveals that in recent years about 33 percent of females murdered were victims of their husbands or boyfriends, whereas only 4 percent of male victims were slain by spouses or girlfriends. Six in every 10 women murdered in this country are victims of someone they knew, with at least half of all female homicide victims murdered by husbands or other intimate partners. Violence against women creates a psychological and economic impact on the victims’ families and society as a whole. Children of murdered women must cope with the trauma of the violence leading to their mother’s death, even though in many cases of spousal homicides where women are the victims, law enforcement officers were aware of a history of domestic violence. Data from the FBI Uniform Crime Reports suggests a decrease in the number of women murdered by their husbands following the passage of no-fault divorce laws. There has been no apparent decline in the number of males murdered by their partners in states where no-fault divorce laws exist.
References
- Marginal Revolution: The benefits of no-fault divorce
- Gotham Gazette: No-Fault Divorce Creates Strange Bedfellows
- Stanford University: No-Fault Divorce Laws Change Power Balance
- Family Research Council: Prevalence of Divorce
- National Center for Children in Poverty: Social-emotional Development in Early Childhood
