Divorce in America differs from most other lawsuits in that most states do not require the ex-spouses to accuse or blame one another for the marriage to dissolve. Most states today, with only Mississippi and South Dakota being the only exceptions, offer “no-fault” divorce, whereby the spouses do not need to provide a reason for why they want their marriage to dissolve.
In contrast, “fault” divorce requires that a spouse “prove” that the other spouse was the reason the divorce failed. Common grounds included adultery, abuse, insanity, and substance abuse, among other reasons. A spouse who was determined to be responsible for the marriage failing would receive less property or spousal support in the division of the marital assets. While “no-fault divorce” is often very stressful and emotional, it would be far worse if the spouses were legally required to prove that the other was in the wrong.
California became the first state to permit no-fault divorce when then Governor Ronald Reagan signed it into law in 1969. Today though, President Reagan’s own party seeks to undo the no-fault divorce regime that he enacted over half a century ago.
Texas is just one of several Republican controlled states that…
