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Divorce Rates and the Fault Requirement

Published online by Cambridge University Press:  01 July 2024

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Abstract

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No-fault divorce legislation fundamentally changed the formal legal requirements for divorce from grounds based on moral concerns to those showing that the marriage has broken down without attributing blame. The old laws, which required that the plaintiff be blameless and prove malfeasance by the spouse, would have greatly restricted the number of divorces if they had not been widely subverted through collusion and perjury. The no-fault legislation gives an opportunity to test whether the attempts to legislate morality had any impact on divorce rates. Many reformers and researchers have claimed that the fault provisions were so thoroughly subverted that their removal did not lead to more divorces. The present study explores the impact of no-fault laws in thirty-eight states by applying a time-series-cross-sectional design. When grouped into one variable the laws did increase divorces, but when individual laws are analyzed, only a minority, primarily in eastern states, evidence significant impacts. Finally, I argue that it is probably beyond the limits of feasible social science research to determine why some laws had impacts but others did not.

Type
Research Article
Copyright
Copyright © 1989 The Law and Society Association

Footnotes

I am grateful for the comments by Herbert Jacob, Barbara Miller, Carl Moody, Robert Willis, and the reviewers, all of which led to substantial revisions of this article.

References

ADELL, B. L. (1965) “Book Review,” 43 Canadian Bar Review 383.Google Scholar
ALEXANDER, Paul W. (1950) “The Follies of Divorce: A Therapeutic Approach to the Problem,” 36 American Bar Association Journal 105.Google Scholar
BECKER, Gary S. (1981) A Treatise on the Family. Cambridge: Harvard University Press.Google Scholar
BECKER, Gary S., Elisabeth M., LANDES, and Robert T., MICHAEL (1977) “An Economic Analysis of Marital Instability,” 85 Journal of Political Economy 1141.Google Scholar
BERK, Richard A., Donnie M., HOFFMANN, Judith E., MAKI, David, RAOMA, and Herbert, WONG (1979) “Estimation Procedures for Pooled Cross-Sectional and Time Series Data,” 3 Evaluation Quarterly 385.Google Scholar
BRADSHAW, York, and Larry, RADBILL (1987) “Method and Substance in the Use of Ratio Variables,” 52 American Sociological Review 132.Google Scholar
CARLSON, Elwood (1979) “Divorce Rate Fluctuation as a Cohort Phenomenon,” 33 Population Studies 523.Google Scholar
CASPER, Jonathan D., and David, BRERETON (1984) “Evaluating Criminal Justice Reforms,” 18 Law & Society Review 121.Google Scholar
COOK, Philip J., and George, TAUCHEN (1984) “The Effect of Minimum Drinking Age Legislation on Youthful Auto Fatalities, 1970–1977,” 13 Journal of Legal Studies 169.Google Scholar
COOK, Thomas D., and Donald T., CAMPBELL (1979) Quasi-Experimentation: Design and Analysis Issues for Field Settings. Chicago: Rand McNally.Google Scholar
DuMOUCHEL, William, Allan F., WILLIAMS, and Paul, ZADOR (1987) “Raising the Alcohol Purchase Age: Its Effects on Fatal Motor Vehicle Crashes in Twenty-Six States,” 16 Journal of Legal Studies 249.Google Scholar
FIREBAUGH, Glenn, and Jack P., GIBBS (1985) “User's Guide to Ratio Variables,” 50 American Sociological Review 713.Google Scholar
FRANK, Alan H., John J., BERMAN, and Stanley F., MAZUR-HART (1978) “No Fault Divorce and the Divorce Rate: The Nebraska Experience—An Interrupted Time Series Analysis and Commentary,” 58 Nebraska Law Review 1.Google Scholar
FREED, Doris, J., and Henry H., FOSTER Jr. (1981) “Divorce in the Fifty States: An Overview,” 14 Family Law Quarterly 229.Google Scholar
FREED, Doris J., and Timothy B., WALKER (1987) “Family Law in the Fifty States: An Overview,” 20 Family Law Quarterly 439.Google Scholar
FRIEDMAN, Lawrence M. (1984) “Rights of Passage: Divorce Law in Historical Perspective,” 63 Oregon Law Review 649.Google Scholar
GALLAGHER, John T. (1973) “No-Fault Divorce in Delaware,” 59 American Bar Association Journal 873.Google Scholar
GITLITZ, James B. (1986) “The Case for a No Fault Divorce Law in New York,” 58 New York State Bar Journal 28.Google Scholar
GLASS, Gene V., George C., TIAO, and Thomas O., MAGUIRE (1971) “The 1900 Revision of German Divorce Laws: Analysis of Data as a Time-Series Quasi-Experiment,” 5 Law & Society Review 539.Google Scholar
GLENDON, Mary Ann (1987) Abortion and Divorce in Western Law. Cambridge: Harvard University Press.Google Scholar
GODDARD, Wendell H. (1972) “A Report on California's New Divorce Law: Progress and Problems,” 6 Family Law Quarterly 405.Google Scholar
GOLDSTEIN, Joseph, and Max, GITTER (1969) “On Abolition of Grounds for Divorce: A Model Statute & Commentary,” 3 Family Law Quarterly 75.Google Scholar
HALEM, Lynn (1980) Divorce Reform: Changing Legal and Social Perspectives. New York: Free Press.Google Scholar
HOFFMAN, Saul D., and Greg J., DUNCAN (1988) “What Are the Economic Consequences of Divorce?” 25 Demography 641.Google Scholar
HSIAO, Cheng (1986) Analysis of Panel Data. Cambridge: Cambridge University Press.Google Scholar
JACOB, Herbert (1989) “Another Look at No-Fault Divorce and the Post-Divorce Finances of Women,” 23 Law & Society Review 95.Google Scholar
JACOB, Herbert (1988) Silent Revolution: The Transformation of Divorce Law in the United States. Chicago: University of Chicago Press.Google Scholar
JOHNSON, William R., and Jonathan, SKINNER (1986) “Labor Supply and Marital Separation,” 76 American Economic Review 455.Google Scholar
JUDGE, George G., R. C., HILL, William, GRIFFITHS, LÜTKEPOHL, Helmut, and Tsoung-Chao, LEE (1982) Introduction to the Theory and Practice of Econometrics. New York: John Wiley.Google Scholar
LEMPERT, Richard (1966) “Strategies of Research Design in the Legal Impact Study: The Control of Plausible Rival Hypotheses,” 1 Law & Society Review 111.Google Scholar
LIEBERSON, Stanley (1985) Making It Count: The Improvement of Social Research and Theory. Berkeley: University of California Press.Google Scholar
MARTIN, Teresa Castro, and Larry L., BUMPASS (1989) “Recent Trends in Marital Disruption,” 26 Demography 37.Google Scholar
MICHAEL, Robert T. (1985) “Consequences of the Rise in Female Labor Force Participation Rates: Questions and Probes,” 3 Journal of Labor Economics 117.Google Scholar
MUNDLAK, Yair (1978) “On the Pooling of Time Series and Cross Section Data,” 46 Econometrica 69.Google Scholar
NATIONAL CENTER FOR HEALTH STATISTICS (1988) Vital Statistics of the United States, 1984. Vol. 3, Marriage and Divorce. Washington, DC: Government Printing Office.Google Scholar
NATIONAL CENTER FOR HEALTH STATISTICS (1985) Vital Statistics of the United States, 1981. Vol. 3, Marriage and Divorce. Washington, DC: Government Printing Office.Google Scholar
O'GORMAN, Hurbert J. (1963) Lawyers and Matrimonial Cases: A Study of Informal Pressures in Private Professional Practice. New York: Free Press.Google Scholar
PETERS, H. Elizabeth (1986) “Marriage and Divorce: Informational Constraints and Private Contracting,” 76 American Economic Review 437.Google Scholar
PHILLIPS, Roderick (1988) Putting Asunder: A History of Divorce in Western Society. Cambridge: Cambridge University Press.Google Scholar
PINDYCK, Robert S., and Daniel L., RUBINFELD (1981) Econometric Models and Economic Forecasts. New York: McGraw-Hill.Google Scholar
PLATERIS, Alexander A. (1973) 100 Years of Marriage and Divorce Statistics: United States, 1867-1967. Washington, DC: Government Printing Office.Google Scholar
PLUSCOWE, Morris, and Doris J., FREED (1963) Family Law: Cases and Materials. Boston: Little, Brown.Google Scholar
RHEINSTEIN, Max (1972) Marriage Stability, Divorce, and the Law. Chicago: University of Chicago Press.Google Scholar
ROSENBLATT, Stanley (1969) The Divorce Racket. Los Angeles: Nash.Google Scholar
SCHOEN, Robert, Harry N., GREENBLATT, and Robert B., MIELKE (1975) “California's Experience with Non-Adversary Divorce,” 12 Demography 223.Google Scholar
SEPLER, Harvey J. (1981) “Measuring the Effects of No-Fault Divorce Laws Across Fifty States: Quantifying a Zeitgeist,” 15 Family Law Quarterly 65.Google Scholar
SOUTH, Scott J. (1985) “Economic Conditions and the Divorce Rate: A Time-Series Analysis of the Postwar United States,” 47 Journal of Marriage and the Family 31.Google Scholar
STETSON, Dorothy M., and Gerald C., WRIGHT Jr. (1975) “The Effects of Laws on Divorce in American States,” 37 Journal of Marriage and the Family 537.Google Scholar
STIMSON, James A. (1985) “Regression in Space and Time: A Statistical Essay,” 29 American Journal of Political Science 914.Google Scholar
TRENT, Katherine, and Scott J., SOUTH (1989) “Structural Determinants of the Divorce Rate: A Cross-Societal Analysis,” 51 Journal of Marriage and the Family 391.Google Scholar
UNITED STATES CENSUS BUREAU (1986) State Population and Household Estimates to 1985, with Age and Components of Change. Washington, DC: Department of Commerce.Google Scholar
UNITED STATES CENSUS BUREAU (1970) Estimates of the Population of States, by Age, 1968. Washington, DC: Department of Commerce.Google Scholar
UNITED STATES CENSUS BUREAU (1969) Estimates of the Population of States, by Age, 1965–67. Washington, DC: Department of Commerce.Google Scholar
UNITED STATES CENSUS BUREAU (1968) Estimates of the Population of States, by Age, 1960–66. Washington, DC: Department of Commerce.Google Scholar
VIRTUE, Maxine B. (1956) Family Cases in Court: A Group of Four Court Studies Dealing with Judicial Administration. Durham, NC: Duke University Press.Google Scholar
WEISS, Yorum, and Robert J., WILLIS (1989) “An Economic Analysis of Divorce Settlements.” Unpublished. Population Research Center, University of Chicago.Google Scholar
WEITZMAN, Lenore J. (1985) The Divorce Revolution: The Unexpected Social and Economic Consequences for Women and Children in America. New York: Free Press.Google Scholar
WELCH, Charles E., Ill, , and Sharon, PRICE-BONHAM (1983) “A Decade of No-Fault Divorce Revisited: California, Georgia, and Washington,” 45 Journal of Marriage and the Family 411.Google Scholar
WHEELER, Michael (1973) “Book Review,” 71 Michigan Law Review 607.Google Scholar
WRIGHT, Gerald C. Jr., and Dorothy M., STETSON (1978) “The Impact of No-Fault Divorce Law Reform on Divorce in American States,” 40 Journal of Marriage and the Family 575.Google Scholar
ZUCKMAN, Harvey L. (1975) “Recent Developments in American Divorce Legislation,” 35 Jurist 6.Google Scholar