A lot of people alive today don’t remember a time when there wasn’t an option of getting a “no-fault” divorce. However, in recent years, it’s been under attack by lawmakers and others – particularly in the South and other conservative-leaning states like Oklahoma – who say it makes divorce easier than they believe it should be.
They might be surprised to learn that it was President Ronald Reagan who signed the country’s first no-fault divorce law in 1969. He was the governor of California at the time – and a divorced man.
So far, efforts to end no-fault divorce in Oklahoma have been stymied. Now, a state senator in his first term is hoping to change that. The lawmaker, Sen. Dusty Deevers, has called no-fault divorce “an abolition of marital obligation.” His bill would eliminate the ability to file for divorce on the grounds of “incompatibility,” which is the state’s current no-fault divorce option – and by far the most common reason used by Oklahoma’s divorcing couples.
What happens if “incompatibility” is eliminated?
If incompatibility were eliminated, those seeking a divorce would need to choose from one of the other grounds, which include extreme cruelty, adultery, insanity other things that many people wouldn’t want to allege publicly (particularly if they have children) – and which simply may not apply. Further, a spouse filing for divorce would have to present evidence to back up their grounds.
This would result in more costly, time-consuming and high-conflict divorces. Worse, as domestic violence victims advocates argue, abused spouses would have a more difficult time getting out of their marriages.
There’s still a long way to go before this bill passes the legislature and becomes law – if it does. There’s plenty of opposition to it on many fronts. However, this is just one example of why it’s critical to know the law – and to be aware of attempts to change it, for better or worse.
If you’re considering divorce – or you believe your spouse is, it’s important to start preparing and working to protect your rights. Getting sound legal guidance is a smart first step.