Should Divorce Be Harder to Obtain?

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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.

Divorce Guide
About DeTorres and DeGeorge Family Law

DeTorres and DeGeorge Family Law is a New Jersey based family law firm that has been helping New Jersey residents achieve the best possible results in their divorce for nearly 30 years. The DeTorres and DeGeorge Family Law team is always ready to fight for their clients’ rights – determined to help New Jersey families overcome legal challenges from start to finish. Our legal team, with over 65 years of combined experience, provides expert guidance on all family law and divorce-related matters, including custody and parenting time, alimony and child support, equitable distribution of assets, premarital agreements, post-divorce issues, executive compensation distribution, divorces for business owners, and divorce mediation. The firm has been recognized for its dedication and expertise in the industry by multiple local and national organizations, including Super Lawyers, Law Firm 500, and the American Institute of Family Law Attorneys. Rosanne DeTorres, Managing Partner, is one of 150 lawyers certified as a matrimonial law attorney.

Caitlin DeGuilo Toker
Caitlin DeGuilo Toker joined DeTorres and DeGeorge as an associate attorney in June 2014 and was named a partner of the firm in May 2019.Prior to joining the firm, Caitlin was associated with law firms specializing in the practice of family ...
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