ABSTRACT
The impact of no-fault divorce laws is still a hotly debated topic in Economics today. Some say no-fault divorce laws have had no influence on divorce rates; others say they have had a significant impact. This paper essentially claims that no-fault divorce has indeed had significant and often unanticipated financial ramifications for families in general, and women in particular, since it has undermined a system that was mainly predicated on mutual agreement. Mutual consent system safeguarded partners who depended on the continuation of their marital relationship, but no-fault divorce diminished this protection and also the negotiating power of the spouse who did not want to terminate the marriage, often the woman. This paper will attempt to criticize no-fault divorce laws and studies that support them, as well as elaborating on why such laws are rationally impossible to be fair.
Kumar, Rishi, An Economic Critique of No-Fault Divorce Laws (March 19, 2022).
First posted 2022-04-22 10:45:05
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