Should Divorce Be Harder to Obtain?

There are movements in several states to make divorce harder to obtain. Arizona, Arkansas, Louisiana and Kansas have passed laws limiting the reasons for divorce if couples choose to enter into a covenant marriage (New Jersey does not have covenant marriage yet). Covenant marriages often require couples to obtain counseling before getting married and limit divorce options only to fault reasons. There is a conservative movement to make divorce harder to obtain in many other states and to make covenant marriage the only option.

This is a rapid turnaround from legal trends of the last few decades. California was the first state to allow no-fault divorce (in 1969), and it is now legal in all states, including New Jersey. A no-fault divorce allows a spouse to file for divorce without having to prove that the other spouse did something wrong, like adultery. No-fault divorces have changed the landscape of divorce court, shifting the focus from blame and scapegoating to a more straightforward approach that focuses on how to end the marriage while dividing finances and assets and creating a parenting plan that is in the best interests of the children.

There are many benefits to no-fault divorce laws:

  • No-fault divorce laws reduced the numbers of domestic violence cases.
  • No-fault procedures reduce the expense and legal maneuvering involved in divorce.
  • Divorces entered under no-fault laws require less time and reduce caseloads in family courts.
  • Men and women are equally empowered under no-fault laws.

Those in favor of limiting no-fault divorce believe that no-fault divorces have led to the increase in divorce in this country and believe it affects a wide range of things including mental illness, poverty, crime, and moral changes.

What do you think about limits on no-fault divorce?

At DeTorres & DeGeorge one of our attorneys is a certified matrimonial attorney and our entire office is experienced in helping clients through divorce and family law cases. Your future is our focus. We represent clients in Far Hills, New Jersey and all the surrounding areas. Call us today at 908-284-6005 for an appointment.

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Should Divorce Be Harder to Obtain? Should Divorce Be Harder to Obtain? Should Divorce Be Harder to Obtain? DeTorres & DeGeorge Family Law Attorneys