Project 2025 and “no fault” divorce
What does “no fault” divorce have to do with Project 2025? Under the plan outlined in Project 2025, “no fault” divorce would be eliminated. Several states are already bringing forth legislation that allows the government to control how you get divorced based on the fault of your partner. This legislation sometimes requires extensive therapy or some kind of proven fault. The fault could include abuse, adultery, domestic violence, or abandonment. It would take away the freedom of people to get divorced on their own decision. The law could require abused spouses to stay married if they could not prove fault or attend required extensive therapy. Several states such as Texas, Oklahoma, and Louisiana have introduced legislation to eliminate “no fault” divorce. The spouses would have to meet whatever requirements that the government sets forth in their legislation. It would dramatically change the landscape of divorce and make it much more difficult to get a divorce. This would be especially burdensome for spouses in an abusive relationship. It might sound simple but a legal standard to prove “fault” in a divorce would involve experts, photos, documents, testimony and video. It is not easy to gather evidence of “fault” and it would be expensive and run contrary to people having the right to make their own decisions. Making people stay married or making it difficult for them to get divorced would increase abuse, be expensive and emotionally taxing to the spouses and the children. It would also increase litigation which is already expensive. Currently, a divorce petition has no mention of fault and that would also change. Families would be on trial and allegations would become public. None of this would be good for families and their children. It can become quite ugly which is what we attempt to avoid as divorce attorneys. Part of our responsibility is to tamp down the temperature to reduce the chaos and trauma for the family.
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