Divorce Laws And The Divorce System Essay

1921 Words Dec 6th, 2016 8 Pages
I researched the change from fault to no fault divorce in Nebraska during the late 20th century. Fault divorce was one party filing for divorce, claiming that the other party was guilty for ruining the marriage, while in no fault divorce no blame was placed on either party.

The change started in 1969, with California dismantling their fault based divorce system and then implementing the no fault divorce system. Almost all states followed California soon after and adopted their own no fault laws, with New York being the final state in 2010. The divorce laws were intended to have positive changes to all aspects of the law. However, these changes resulted in mainly negative consequences in alimony, property assets, child custody, and economics in relation to society and women. While at the same time failing to deal with the social stigma and bias of divorce many women faced.

Before the 1970s, Nebraska had a fault based divorce system. With this divorce law, the only grounds that were legally allowed were desertion, cruelty, adultery, non-support, or ‘other’. Although, the grounds of ‘other’ were usually just one of the explicitly stated grounds above disguised under this vague term ‘other,’ Even with these grounds, divorce cases could only be filed by the innocent party of the marriage. Thus, forcing the guilty party to stay in the marriage even if they wanted to legally leave it.

These statutes showed the gender bias against women during the 1960s. The gender bias could…

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