No-fault divorce under scrutiny amid Republican pushback

“First comes love, then comes marriage” – so goes the classic children’s rhyme. But not everyone agrees. Increasingly, the idea that love is the most important reason to marry – or at least to stay married – is under attack. Republican pundits and lawmakers have been pushing back on the availability of no-fault divorce, challenging the idea that not being in love is a valid reason to end a marriage. Speaking as a professor of family law, I know such views aren’t new. Zsa Zsa Gabor once quipped, “Getting divorced just because you don’t love a man is almost as silly as getting married just because you do.” But while Gabor was probably joking, the Republican attack on divorce is serious. A history of American divorce For most of U.S. history, getting a divorce was difficult. Many states banned it entirely, while others permitted it only under limited circumstances – typically cruelty, desertion or adultery. Unhappily married couples who couldn’t prove such “faults” were effectively stuck. Then, in 1969, California became the first state to allow no-fault divorce – meaning that a spouse could get a divorce simply by asking for it, without having to prove that their partner had...