Prior to the mid-1960's, divorces were difficult to obtain. They
typically required that one spouse be shown to be at fault. In some
jurisdictions, the only ground for divorce was adultery. After that time,
the public's attitude towards divorce and the pressure of increasing numbers of divorces caused many U.S. state
legislatures and the Canadian federal government to pass "no-fault
divorce" laws. Divorces then became easier and quicker to obtain.
"Marriage breakdown" or "irreconcilable differences," generally became the most common grounds for divorce.
There was no necessity to prove that one spouse was at fault.
Since the 1990's, organized opposition to no-fault divorce has gathered
strength. Their goal is to introduce divorce restrictions in an effort to
increase the number of marriages that survive. Pressure to restrict
divorces comes primarily from social and religious conservatives. However,
other conservatives oppose these restrictions because they would increase
government interference in people's lives.
News from 2002 to now:
Since no-fault divorce became available in most North American jurisdictions,
there have been relatively few developments in divorce law:
2002-FEB: CO: Restrictive divorce bill introduced into the House:
State Representative Dave Schultheis, (R-Colorado Springs) has sponsored House Bill HB 1337, the "Children of
Divorce Protection Act of 2002." It would require couples with
children:
To wait for 12 months before obtaining a divorce, and
To have
completed six hours of marital counseling.
The bill was scheduled to be
heard in the Civil Justice Committee on MAR-5. It did not proceed 1,2
2002-MAR: IA: More power to family court judges: The Iowa
State Senate will consider a bill which would:
Allow judges to send divorcing couples to mediation before
granting a divorce, if the judge finds that a divorce would not be in
the best interests of the children.
Lower the marriage license fee for engaged couples who have
completed a pre-marital counseling course.
Allow engaged couples who have completed a counseling course, and
who have obtained a marriage license to marry quicker.
Our information source, the Iowa Family Policy Center,
identifies this bill as Senate File SF 2106. This appears to be in
error. 3
2004-NOV-16: NJ: Collaborative divorce bill introduced: A
bill was introduced into the New Jersey legislature to promote
collaborative divorce.
2005-FEB-23: GA: Bill to extend waiting period: A bill was
introduced to extend waiting periods for an uncontested divorce from 30
days to 120 days for a couple without children, and to 180 days for a
couple with children. However, there would be no waiting period if one
spouse has "obtained a protective order or alleged abuse in a formal
statement." Some suggest that this will increase false accusations of
spousal abuse.
2006-MAY-12: CA: Divorce bill shelved: A bill to restrict
public access to financial records in California divorce cases was
shelved. It would have given former spouses free access to financial
information but would prevent access by the public.
2007-JAN-04: Europe: Divorce in the European Union: During
2006-Summer, European Justice Commissioner Franco Frattini proposed a new
law that would relax divorce proceedings among all countries in the EU. The
predominately Roman Catholic island country of Malta is the only country in
Europe that does not permit their citizens to divorce. They refuse to
support the proposed law unless a clause is added that specifically excludes
Malta. 4
2007-JAN-04: VA: Conservative group wants
to restrict divorce:Family Foundation of Virginia, the group
that sponsored the constitutional amendment to prevent same-sex couples from
every marrying in the state of Virginia, and threatens the rights of
unmarried coupless, has now embarked on new projects. They propose to
restrict the availability of divorce for parents. They propose a "mutual
consent divorce" which would require both spouses to agree to a divorce
before one is granted. No fault divorce in which only one spouse can
initiate a divorce would be discontinued. In addition, divorces would be
available in cases of abuse and cruelty. They also want to increase
censorship in public libraries, and restrict abortions. 5