Los Angeles Times

Column: California settled no-fault divorce decades ago. Why is it back in the news?

Ugly? You have no idea. Every nasty little private thing a marriage could churn up, every infidelity, every insult and threat, every drunken episode and squandered paycheck, every crying child — there they all were, spilled out from a witness stand in a courtroom. Then and only then, after wife or husband had exhausted the litany of the other's transgressions, could a judge declare them no ...
American actor Jane Wyman and her husband, actor and politician Ronald Reagan, attend an unidentified event, 1939.

Ugly? You have no idea.

Every nasty little private thing a marriage could churn up, every infidelity, every insult and threat, every drunken episode and squandered paycheck, every crying child — there they all were, spilled out from a witness stand in a courtroom.

Then and only then, after wife or husband had exhausted the litany of the other's transgressions, could a judge declare them no longer a couple.

And that was the nature of divorce before no-fault divorce laws.

Not every divorce was that emotionally gruesome — not by a long shot — but almost everywhere in the country, a divorce required a wronged spouse, a sinning spouse, and some kind of proof to a legally satisfactory standard. That proof often took sleazy turns, which we'll get into later.

California, ever the pioneer, was the first state to legalize no-fault divorce in 1969. Other states followed suit — New York, the last, in 2010, about two whole generations later.

Thereafter, at-fault divorces could still happen, and they still can. But with no-fault divorces, a couple could split amiably, without accusing or proving anything like bigamy or fraud or abandonment. Under California no-fault law, breakups weren't even called "divorce" anymore, but "dissolution of marriage." One becomes two; go in peace.

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