Divorce Reform

Introduction to Divorce Reform

A divorce reform movement finally took place in the early 1970s in Britain and the United States. The movement was originally initiated by a group, assembled by the archbishop of Canterbury, who proposed a single, no-fault ground that required a judge to grant a divorce if he or she finds that the marriage is “irretrievably broken.” This proposal was accepted by a study commission in California and enacted by that state’s legislature. Subsequently, the notion of irretrievable breakdown was promulgated in the U.S. by the Uniform Marriage and Divorce Act and appears to be gaining acceptance throughout the nation.

The phrasing of the no-fault principle has produced much controversy. Many critics, pointing out that irretrievable breakdown is a vague concept giving judges substantial discretion, have argued that enactment of this standard will perpetuate sluggish divorce administration by conservative courts, often at the expense of the poor and those spouses whose behavior is not consistent with the values of the judiciary. Others have complained that this standard allows “divorce by consent” and that formal recognition of such easy divorce will eventually undermine the stability of the nuclear family.

More than a decade after reform began, most observers seem satisfied that these potential problems were overestimated. Although the rate of divorce has increased in states that have reformed their laws, there appears to be no basis for believing either that some segments of the population have been treated in a discriminatory manner or that the laws themselves have been responsible for increasing divorce. In the mid-1980s, approximately one in three marriages ended in divorce. A growing number of expert observers conclude that this high divorce rate is due to a number of social changes that are the cause rather than the consequence of divorce-law reform. Among these changes are greater societal acceptance of divorce; greater financial and emotional independence of women; and, paradoxically, a greater belief in the emotional value of marriage, which more readily disposes disappointed spouses to divorce so as to seek a happier subsequent marriage.

In a divorce action, one spouse, usually the wife, may be granted alimony or maintenance payments generally for a limited period of time. The custody of any children may be awarded to either spouse, with equitable regulations made for visiting rights and support of the children. At present, joint-custody arrangements are being worked out more and more frequently by divorcing parents.” (1)

Resources

Notes and References

• Information about Divorce Reform in the Encarta Online Encyclopedia

Guide to Divorce Reform

In this Section

Divorce, Divorce History, Divorce Reform, Divorce in the World and Divorce in the United States.