In a no-fault divorce system, the dissolution of a marriage does not require an assertion or proof of fault on the part of either party. Only three states (Mississippi, South Dakota, and Tennessee) require mutual consent (in Tennessee, this is only required in certain circumstances) for divorce to be granted through no fault of their own. [14] [23] [24] The grounds for no-fault divorce on his part are incompatibility, irreconcilable differences, and irretrievable breakdown of the marriage. In some states, diplomas obtained during marriage may be considered marital property. In such states, a divorce decision often involves the educated spouse paying the other spouse a portion of the expected future income due to a degree obtained during the marriage,[30] and may require the expertise of labor economists or other statistical and financial experts. States differ in their rules for dividing property in the event of divorce. The main difference is between states that use a community ownership system and states that do not. In states of communal ownership, joint property also belongs to the spouses. [27] The following states use commons: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Alaskan law gives couples the opportunity to create community property by written agreement.
[28] In 1937, the law was amended to allow divorce on other grounds such as drunkenness, mental illness and abandonment. A third reason to stabilize divorce rates and marital happiness is not so encouraging. Simply put, marriage is increasingly reserved for the middle, middle and upper classes. Fewer working-class and poor Americans are getting married these days, in part because marriage is increasingly seen as a status symbol: a sign that a couple has arrived both emotionally and financially, or at least within reach of the American dream. This means that those who marry today are more likely to enjoy the money, education, job security, and social skills that increase the likelihood of long-term marital success. Why is Reno such an important part of the divorce story? This is important because it showed politicians and legislators the strong desires of the American people, and women in particular: to be able to legally and quickly end their unhappy marriages and move smoothly to the next chapters of their lives. While new laws are constantly being passed to deal with the intricacies of divorce, no-fault legislation has essentially changed everything in practice and has become part of the divorce process we know today. As evidence, Coontz cites one of history`s most famous divorcees, Henry VIII, who was originally married to Catherine of Aragon for a dynastic alliance.
He asked the pope for permission to end his marriage when Catherine could not have children, and although she was rejected, he did it anyway, using loopholes in the church to marry Anne Boleyn. This break with the Church helped bring Protestantism to England. Of course, the soulmate model was much more likely to bring couples to divorce court than the previous institutional model of marriage. Well, those who felt in unfulfilled marriages also felt compelled to divorce to honor the new ethic of expressive individualism. As social historian Barbara Dafoe Whitehead has noted of this period, “Divorce was not only an individual right, but also a psychological resource. The dissolution of marriage offered the opportunity to develop from within, to renew and express oneself, and to acquire certain valuable psychological assets and skills such as initiative, assertiveness and a stronger and better self-image. According to a study published in the American Law and Economics Review, women file just over two-thirds of divorce cases in the United States. [36] There are some differences between states, and the numbers have also changed over time, with about 60 percent of women`s filings in most of the 20th century and more than 70 percent women in some states shortly after no-fault divorce was introduced, according to the document. At the turn of the century, Reno was one of Nevada`s largest cities (Las Vegas wasn`t yet the desert oasis it is today), but it was still a quiet, relatively small ranching outpost. For years, the Nevada legislature toyed with the idea of shortening its residency requirements and going from one year of uninterrupted life in Nevada to establishing residency at six months to three months.
Eventually, laws were passed in 1931 that reduced the time it took a person to live in Nevada to just six weeks. Add in the liberal divorce laws (for the time), and the Reno divorce boom was underway quickly. Less than 20% of couples who married in the 1950s divorced, but changes have taken place that would completely change the way people divorce. Instead of letting couples continue to go through traditional courts to dissolve a marriage, family courts were created in the 50s, focusing solely on divorce, family, and matters relating to children. Some lawyers took advantage of this opportunity and divorce law firms sprang up in the cities. But the psychological revolution`s emphasis on individual fulfillment and personal growth changed all that. Increasingly, marriage was seen as a vehicle for a self-centered ethic of romance, intimacy, and fulfillment. In this new psychological approach to married life, the primary obligation was not to the family, but to oneself; Therefore, marital success was not defined by the successful fulfillment of obligations to the spouse and children, but by a strong sense of subjective happiness in marriage – usually in and through an intense and emotional relationship with the spouse.
The 1970s marked the time when, for many Americans, a more institutional model of marriage gave way to the “soulmate model” of marriage. Perhaps the most notable change in divorce law, however, occurred in the 1970s – with the enactment of no-fault divorce laws on their part. Divorce laws vary from state to state in the United States, but all states have passed some form of no-fault divorce legislation — with the stigma of divorce ceasing to exist — at least legally.
