The Impact of Ending No-Fault Divorce and Why We Must Protect It In New Jersey

No-fault divorce has been a part of New Jersey divorce law for years. No-fault divorce allows couples to divorce amicably by saying “irreconcilable differences,” a solution that has worked for thousands of New Jersey couples who want to move on with their lives without the drama. But some conservative groups and legislators are pushing to get rid of no-fault divorce, saying it will strengthen family values and reduce divorce rates. If New Jersey considers ending no-fault divorce, the consequences will be huge, socially, economically and emotionally. This article will explore what that means for everything from domestic violence survivors to the courts.

What is No-Fault Divorce?

 

No-fault divorce allows couples to divorce without assigning blame or fault to one spouse. Instead of proving adultery, cruelty, abandonment, or other causes of divorce, spouses can just say “irreconcilable differences.” In New Jersey, no-fault divorce is available on these grounds and is an alternative to fault-based divorce. The purpose of no-fault divorce is to reduce conflict, simplify the divorce process and protect individual privacy. Fault-based divorce requires one spouse to make allegations of blame for the divorce in the initial filing and, eventually, prove something against the other which can lead to long and nasty court proceedings.

Social Impacts of Ending No-Fault Divorce

 

Impact on Domestic Violence Survivors

One of the biggest impacts of no-fault divorce going away would be on domestic violence victims. No-fault divorce is a lifeline for survivors to get out of abusive relationships without having to face their abuser in a long, blame-based legal battle. According to advocates like the National Organization for Women (NOW), getting rid of no-fault divorce would force abuse survivors to endure even more trauma as they would have to prove their partner’s wrongdoing in court. This would put victims in even more danger as they may be forced to stay in unsafe relationships because of the complexities and risks of a fault-based divorce.

Impact on Children

Children are often in the middle of divorce and no-fault divorce laws minimize the emotional impact on them. By avoiding fault-based arguments, no-fault divorce keeps parental conflict to a minimum so children can adjust to new family dynamics more easily. Without a no-fault option, children would have to witness their parents blaming each other in court. Research shows that children of high-conflict divorce are more likely to develop emotional and behavioral issues which can have long-term effects on their well-being.

Social Stigma and Judgment

No-fault divorce has reduced the social stigma of divorce by making it more accessible and less adversarial. Going back to a fault-based system would reverse that progress, especially for women who will face more judgment and blame for the divorce. This stigma would disproportionately affect women who choose to leave a marriage for valid personal reasons like unfulfilling or toxic relationships but don’t meet the high burden of proof in a fault-based system. And the fear of public judgment would keep some people from getting a divorce altogether and stay in unhealthy or unhappy relationships.

Economic Impact of Ending No-Fault Divorce

 

Financial Burden

The financial aspect of fault-based divorce is a big consideration. When fault has to be proven, divorces can become longer, more complicated, and more expensive. The need to gather evidence, present witnesses and argue each side of the case means higher legal fees and more court dates. For lower income couples the increased financial burden of a fault divorce could be a huge barrier to getting a divorce and some may not have the resources to get a divorce at all. Also, since the allegations of fault must be made in the initial filing with the Court, the case starts off even more adversarial and contentious than it would have otherwise.

Workplace Productivity and Financial Stability

Divorce stress can affect work productivity, and the prolonged nature of a fault-based divorce will only make it worse. Long legal battles combined with financial uncertainty can strain an individual’s mental health and focus and affect their work performance. A fault-based divorce system will have a ripple effect and impact not only the individual’s financial stability but also local businesses and workplaces in New Jersey.

Property Division and Alimony

In no-fault divorce, property division and alimony awards are generally more straightforward as these are decided without who’s at fault. Even under a fault-based divorce, courts do not generally take the “fault” of one party into consideration when awarding alimony or dividing marital assets and liabilities. This means there is little, to no, legal benefit of filing under a fault-based cause of action for divorce.

What Ending No-Fault Divorce Means for Women’s Rights and Gender Equality

 

Women’s Self Determination and Safety

The passage of no-fault divorce laws in the 1970s was a big win for women’s rights, giving women more autonomy and safety in their marriages. Advocates say repealing no-fault divorce will roll back that progress and limit women’s ability to leave marriages on their own terms. As NOW and Ms. Magazine put it, going back to fault-based divorce will have particularly devastating effects on women who are already disadvantaged due to financial dependency or abusive relationships. The ability to divorce without blame has given countless women the freedom to pursue their own independence; taking that away would undermine that freedom.

Economic Inequality for Women

In fault-based systems women are more vulnerable to financial hit, especially if they don’t have the resources to prove their partner’s fault. Historically women have faced economic disadvantage post-divorce as they often take on primary caregiving responsibilities that limit their earning potential. No-fault divorce helps to level the playing field by allowing for a faster and less adversarial process. Repealing no-fault divorce will only make these inequalities worse and could force many women into long and costly legal battles.

Historical Context and No-Fault Divorce Advocacy

The push for no-fault divorce was a response to an unfair system that left individuals, especially women, financially and socially disadvantaged. Repealing no-fault divorce will unravel decades of progress in family law. Women’s rights advocates say repealing no-fault divorce will be a step backward and will erode the gains made towards gender equality, fairness and personal freedom in marriage and divorce.

Court Backlog

 

More Court Cases

If New Jersey gets rid of no-fault divorce, its courts will see more contested divorce cases. Fault-based divorce requires more court time and resources, each case requires more evidence, testimony and judicial intervention. This will lead to severe court backlogs and delay not only divorce cases but also other family law and civil cases. Even cases that settle with a divorce agreement will require the parties to provide testimony as to the “fault” alleged in the Complaint for Divorce, which could serve to undermine the hard work and mutual concessions made by the parties in negotiating the settlement.

Higher Legal Fees and Resource Drain

Fault-based cases require more legal expertise, time and resources so legal fees will be higher for the parties involved. For example, a party filing for divorce under “adultery” will have to also serve the alleged adulterer. For the state, these added demands will drain public resources, impact legal aid for low-income individuals and reduce access to justice for those who need it most.

Perspectives in Favor of Fault-Based Divorce

 

Arguments for Fault-Based Divorce

Some argue that getting rid of no-fault divorce will preserve family values, reduce divorce rates, and encourage couples to put more effort into their marriages. They say requiring fault will discourage people from getting divorced for trivial reasons and reinforce societal commitment to long-term marriage.

Critique of These Arguments

Critics counter that this ignores the reality of unhealthy or abusive marriages. Research shows no-fault divorce laws don’t increase divorce rates, they provide a more practical and humane way of divorce when a marriage has broken down irreparably. The assumption that fault-based divorce will strengthen marriages is not supported by evidence, most couples get divorced for complex reasons that can’t be fixed by legal barriers. Interestingly, data from the US Census indicates that both marriage rates and divorce rates declined from 2011 to 2021. This trend belies the notion that no-fault divorces harm healthy marriages.

Case Study: What Happened in Other States That Considered No-Fault Changes

 

Looking at other states that have considered or limited no-fault divorce can give us a glimpse of what might happen if New Jersey ever ended no-fault divorce. States that have considered changes have faced pushback from advocates worried about family safety and access to the law. Analysis of those cases shows that reintroducing fault-based divorce creates more problems than it solves and there is no evidence to support the claim that it will strengthen families or reduce divorce rates.

Bottom Line

Getting rid of no-fault divorce in New Jersey will have social, economic, and legal implications. Without no-fault options individuals – especially domestic violence survivors, women and low income spouses – will face major hurdles in getting out of marriages safely and affordably. The strain on the NJ legal system, the cost and the erosion of individual autonomy makes it clear we should keep no-fault divorce in the state. No-fault divorce not only protects the right of individuals to make personal decisions about their relationships, but also aligns with our societal values of fairness, safety and equality.