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Conservatives Are Coming after This Type of Divorce — Here’s Why


Ben Carson made headlines earlier this month upon the release of his new book, which calls for lawmakers to put a stop to no-fault divorce in the U.S.


Over the next four decades, other states would pass similar laws, until New York became the final state to adopt a no-fault divorce statute in 2010.

“Fault divorce was incredibly expensive and time-consuming, and the damage done to the individuals by protracted litigation over the reasons for the failed marriage made avoiding the question of fault better for everyone involved,” said Marilyn Chinitz, a partner in the matrimonial and family law practice at the law firm Blank Rome.


“Prior to the implementation of the no-fault statute, the question of fault would result in a different allocation of the assets and debts in a divorce, especially marital support or maintenance,” Chinitz said.

As a result, the party deemed responsible for the breakup of the marriage could be ordered to pay more in alimony due to their actions ― “almost like a penalty,” she explained. No-fault laws have helped change this.

“Thankfully, when making decisions about the division of assets and debts, support, and even custody, courts have moved away from the concept of punishment,” Chinitz said.

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"Conservatives Are Coming after This Type of Divorce — Here’s Why," by Caroline Bologna was published in HuffPost on May 31, 2024.