In an interview with Vice Media, Vice President JD Vance had some harsh words about people who divorce. He called them “quitters” who ruined their children’s lives. According to him, Americans now “shift spouses like they change their underwear.” The main culprit: no-fault divorce.
While Republicans like Vance use the moral argument of “protecting the children,” it is nothing more than a facade. If Vance really cared about the “sanctity of marriage,” he wouldn’t be worshiping Donald Trump. Trump has been divorced twice, has children with three different women, and has been caught boasting about his chronic adultery.
In the end, it’s not about the children but about controlling women. For instance, the GOP and their conservative Christian voters celebrated the fall of Roe v. Wade with chants like “Your body, my choice.” But Roe v. Wade wasn’t enough. Republicans have now set their sights on no-fault divorce.
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What Is a No-Fault Divorce?
No-fault divorce, depending on the state you live in, can be referred to by different terms such as “no-contest divorce,” “no-blame divorce,” or “mutual consent divorce.” However, they all mean the same thing.
So, what is a no-fault divorce? If we go back to the 1960s, couples looking to get a divorce had to pick a “crime” to legally justify the divorce. The “crime” could range from adultery to domestic abuse. This often led to long and tedious legal battles, with blame and lies thrown from each side. It also gave birth to something called “divorce tourism.”
Couples who couldn’t afford lengthy court battles or pay for divorce tourism ended up staying in marriages they didn’t want to be in. For women, this often meant staying in an abusive and violent marriage. However, things changed when Governor of California Ronald Reagan signed the Family Law Act of 1969, enacting the no-fault divorce law. By 2010, every state had enacted some version of no-fault or no-blame divorce.
No-fault divorce laws allow couples to divorce without having to prove one spouse’s wrongdoing. In simpler terms, couples can get a divorce simply because they don’t want to live together anymore. It can be initiated by either party, and consent from both parties is not required to proceed with a no-fault or no-contest divorce.
No-Fault Divorce Has Been a Lifeline for Women
Marium Durrani, vice president of the National Domestic Violence Hotline, stated that any barrier to divorce is a challenge for survivors. No-fault divorce laws removed multiple barriers to divorce, such as stigma and emotional conflicts. The results were astonishing, and the numbers speak for themselves.
Various studies have proven that no-contest divorce laws have led to a 20–30% decline in domestic violence cases for both men and women. They have also resulted in a 10% decrease in femicide by partners and an 8–16% decline in female suicide.
Studies also suggest that no-blame divorce leads to better emotional well-being, improved welfare, and increased participation in the labor force. It fosters a more stable co-parenting relationship and creates a more peaceful environment for children.
GOP On-Going Efforts to Restrict No-Fault Divorce
Whether no-fault divorce laws will have the same fate as Roe v. Wade is not clear, but people are justifiably anxious. Soon after the 2024 presidential elections, “no-fault divorce” became one of the most searched terms on the internet. TikTokers were urging women to get divorced while no-contest divorce was still possible.
Some might argue that this is just paranoia. However, Republican states are already trying to rescind no-fault divorce laws. In Texas, the GOP has called for an end to no-fault divorce in a bid to promote traditional “Christian family values.” In Nebraska, Republicans are trying to restrict no-contest divorce to only childless couples. Oklahoma went one step further and introduced a bill to ban no-fault divorce entirely.
This fringe movement against no-fault divorce was once limited to incel circles and men’s rights activist groups. But with recent support from Vice President JD Vance and House Speaker Mike Johnson, it has now entered the mainstream.
What’s the Fringe Movement Really About?
Similar to Roe v. Wade, the movement against no-blame divorce is about rolling back years of progress made on women’s rights and autonomy.
Men’s rights groups, like the National Center for Men, claim that no-fault divorce is a disaster for men because most divorces are initiated by women. They further argue that divorce laws are biased against men and disrupt families. Many prominent conservative influencers, such as Steven Crowder, Matt Walsh, and Tim Pool, have echoed this sentiment.
However, evidence denies these claims. Family law professor Joanna Grossman argues that these claims suggest men want women “trapped” in marriages, as marriage disproportionately benefits men. Married men live longer and earn more money compared to single men. Grossman added that when men oppose no-fault divorce, what they really want is “fewer wives to leave fewer husbands.”
Grossman also states that groups seeking to end no-contest divorce are the same ones that support abortion bans, oppose transgender rights, and advocate for a strict separation of the sexes—all policies that ultimately serve men.
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