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The article titled "Entangled Emancipation: Women's Rights in Cold War Germany" by Alexandria N. Ruble explores the dynamics of women's rights and family law in postwar Germany. The author argues that the division between East and West Germany played a central role in shaping the progress of women's rights. While both states wanted to demonstrate their superiority in terms of women's rights, the fear of perpetuating division hindered the adoption of family law reforms. The article traces the process of incorporating equal rights into the constitutions of both states and examines the challenges of translating these constitutional guarantees into legal reality. The author also highlights the divergence in behavior and gender roles between the two German states despite the similarity in legal structures. Overall, the article provides a balanced and comprehensive analysis of the complexities of gender and family law in Cold War Germany. [Extracted from the article]

This article provides a preliminary commentary on the new civil family law regime introduced in the emirate of Abu Dhabi in November 2021 which, since February 2023, applies nationwide through the adoption of a federal statute on civil personal status. Abu Dhabi's Law No. 14 of 2021, its accompanying Procedural Regulations, and the more recent Federal Law No. 41 of 2022 have introduced legal concepts, such as civil marriage, no-fault divorce, and joint custody, as well as potentially adoption, which have previously been non-existent for both the local and the large foreign population in the United Arab Emirates. The new statutes thereby stand in sharp contrast to the family law system to which the local Muslim population is still subject. This article assesses the new provisions against the background of the federal Muslim family law regime, established patterns of family law jurisprudence in the country, and early case law in the newly established Civil Family Court in Abu Dhabi. [ABSTRACT FROM AUTHOR]

Despite the evolution of no-fault divorces, which were intended to remove certain barriers to divorce and essentially make any divorce filed inevitable, many jurisdictions prescribe a waiting period before eligibility for divorce, during which there must be a demonstrable period of separation. In support of findings of facts and conclusions of law about whether the divorcing couple has established a separation, some jurisdictions will ask whether the couple has lived in the same abode and, if so, will inquire about the divorcing couple's roles and choices vis-à-vis one another--for example, preparing meals for one another or engaging socially with one another. Other jurisdictions will make explicit inquiries into whether a couple has had sex with one another. Probing into families' living arrangements and adults' sexual choices does real and particular harm to marginalized social groups, and doing so defies the liberty and privacy interests of families and couples. In explicating this litany of critiques, this project attempts to avoid the trap that family law scholarship can too easily fall into; namely, criticizing doctrine "on a low level of abstraction" and rushing to a proposed reform. This piece, therefore, offers a taxonomy of the harm that separate and apart requirements cause--paying particular attention to the ways in which these laws are classist, heteronormative, gendered, and racially charged--and illuminates how constitutionally precarious such laws are. The project is ambitious as it attempts to situate and expose the deep-seated problems of separate and apart requirements as reflective of the deep-seated flaws in family law jurisprudence generally. The piece offers a comprehensive analysis and investigation of separate and apart requirements, and it serves as an invitation to further conversation and exploration of the themes raised herein. Based on the author's practice experience as much as her scholarship, the proposal insists that where couples are struggling deep in the heart of the matter about their choices--the good ones and the mistakes--they do not need or desire a judicial officer to ask them to wait or to organize their life a certain way before allowing them to divorce. Nothing and no one is served by insisting on some normative view about what the end of a marriage looks like and requiring some time period for performance of that view. The proposal in this piece joins a growing chorus of practitioners, judges, and scholars talking about administrative divorces. The distinct voice in this piece advocates for administrative divorce as a procedural decoupling of divorce from any underlying or attendant economic and custody issues. The piece motivates this argument based on the premise that allowing families to proceed thusly will enhance the self-determination of families in transition and promote use of the courts when, and only when, the families determine that court involvement in matters of children and economics will improve their stability. [ABSTRACT FROM AUTHOR]

In Mal 2021, Singapore reopened the discussion to introduce no-fault divorce into its divorce laws and sought the public's opinion on its consultation paper. This article posits that no-fault divorce is not against the best interests of society but is in the best interests of the family. This is because no-fault divorce can benefit parties (especially the children) and does not erode the sanctity Of mar-Wage. An empirical study of divorce in Hong Kong shows that there is no con relation between no-fault divorce and the increase in divorces. In a similar vein and in line with therapeutic justice, the authors also propose interdisciplinary measures to better support marriages and children to complement the introducdori of no-fault divorce in Singapore. [ABSTRACT FROM AUTHOR]

The study examines some theoretical issues of the pecuniary and non-pecuniary relationships between spouses after divorce that raise some debates in the doctrine, such as the date of the marriage dissolution, the termination of the matrimonial regime, the judgement of the divorce claim in case the claimant dies during the trial, the claim for one spouse's family name after the divorce was definitely settled by the court of law and the right to damage of the no-fault spouse in the divorce file. The research consists in the analysis of the new legal provisions related to the spouses' relationships after divorce both from theoretical and practical perspectives. The authors also intend to carry out an analysis of the relevant case law of the courts of law in this matter. [ABSTRACT FROM AUTHOR]

Richard Posner argues that late twentieth-century divorce-law reform rendered marital relationships in the United States increasingly contractual in nature. Chief among such reforms was the no-fault divorce revolution: the widespread switch in states' legal regimes from fault-based, mutual-consent divorce to no-fault based, unilateral divorce, which swept across America in the 1970s. While a growing literature considers the no-fault divorce revolution's effects on divorce rates, almost no work considers its causes. Taking Posner's observation as its starting point, this paper develops testable hypotheses relating to the potential origins of no-fault divorce reforms in the US. [ABSTRACT FROM AUTHOR]

Since one of the principles of family is its social protection, the reduction in the number of divorces in every country is of an essential importance. The republic of Macedonia belongs to the group of countries where the number of divorces is in a continuous increase, and the number of concluded marriages is in a gradual decrease. The grounds for divorce are different, and there are also differences in the regulation of the grounds for divorce. Divorce by mutual consent is accepted by most legislatures, but there are differences in the treatment of the consequences caused by it. The author of this text takes an insight in the legislation for divorce by mutual consent of the spouses within comparative law. If we take into consideration the comparative reforms, it is easy to notice that some legislatures have taken one step further in the regulation of divorce by mutual consent. We can also notice that in The Republic of Macedonia some matters, considering the divorce by mutual consent, are not included in the regulation, but now there are proper conditions created for them to be regulated. Changes are essential in the regulation of divorce by mutual consent which should refer especially to the conditions of the submission of the joint application for divorce and the consequences of the divorce. For this cause, comparative law's solutions are presented so that a conclusion can be made on whether our country is ready to act in accordance with comparative solutions, and for which solutions there are conditions and needs to be implemented in the Republic of Macedonia. [ABSTRACT FROM AUTHOR]

The article discusses the supported spouse's contribution to the supporting spouse's advancement such as education or career in California law. Topics discussed include no-fault divorce impoverishing women and children, the California divorce courts' view to consider intangible assets as divisible community property acquired during marriage, and reference of the case In re Marriage of Sullivan.

The subject matter of this paper is divorce by mutual consent in Roman law and contemporary law. In the first part of this article, the authors analyzes the key tenets of consensual divorce in Roman law, with specific reference to the impact of Christian religious teaching on the concepts of marriage and divorce as well as on the Roman rulers' constitutions, which marked the beginning of the process of restricting the right to divorce. In the central part of the paper, the authors examines the regulation on the consensual divorce in some contemporary legal systems. In addition, the authors provides a substantial analysis of the normative framework on the termination of marriage in the positive Serbian legislation. In the final part of the paper, the authors provides a comparative analysis and underscores the observed similarities and differenced in the regulation of the institute of consensual divorce in Roman law and in the contemporary legislation. [ABSTRACT FROM AUTHOR]

The article offers information on the history, development and significance of the domestic relations laws in the state of New York under the Defense of Marriage Act (DOMA). It discusses the effectiveness of the divorce reform laws and no-fault divorce law in promoting the equality and fairness in the same-sex marriage and protecting the gay rights under the Marriage Equality Act in New York.

The article discusses the role of California Supreme Court Justice Roger Traynor role in the implementation of no-fault divorce in California, with focus given to his 1952 majority opinion for the case "DeBurgh v. DeBurgh." The author connects the concept of recrimination to the at-fault divorce law, which Traynor opposed in his decision, and explains how this concept allowed a trial court to deny a divorce to the DeBurghs. She goes on to connect the case to the shift in gender roles following World War II that saw increased employment for married women and the subsequent rise in divorce requests.

The article discusses the law of marriage and divorce in the U.S. It says that marriage is subject to state regulation within the police power of the state which includes age of consent, mental capacity and consanguinity. It mentions that divorce proceeding and alimony determinations are under the jurisdiction of the state such as fault-based divorce, no-fault divorce and limited divorce.

The article focuses on the enactment of a no-fault divorce system in New York. It explores the historical development of the divorce law and the fault-based system under New York's Domestic Relations Law. Under the New York's divorce reform law, an unhappy spouse who declares that his or her marriage has been broken for at least six months can be granted divorce. Changes that will occur as a result of New York's divorce reform bill are discussed. Implications of no-fault divorce laws on maintenance are examined. Judicial prescriptions and precautionary measures are recommended to spouses before entering into marriage.

This article explores the interrelation between the availability of no-fault divorce and the enforceability of premarital contracts, exemplified by American and German law. The traditional common law doctrines in the USA and – at least with regard to spousal support – the German civil code of 1900 were similarly hostile towards premarital contracts. In both legal systems divorce was fault based. Conventional wisdom tells us that no-fault divorce and the enforceability of premarital contracts emerged together out of a spirit of liberalization. Yet, by reconstructing the history of both legal institutions, one may observe a more subtle interrelation. The vast majority of jurisdictions in the USA responded to the availability of no-fault divorce with the enforceability of premarital contracts, which reveals a causal relationship. In the case of Germany, it was already in 1938 when the lawmaker introduced through the Ehegesetz (Statute on Marriage) ‘irretrievable breakdown of marriage’ as grounds for divorce, and at the same time legalized premarital contracts on permanent maintenance. From today's perspective, a functional understanding of the interrelation of both legal institutions seems to be the most promising. Family law, criminal law, and tort law are in retreat as protective mechanisms against risks of opportunistic behaviour and hold-ups that may arise through the availability of no-fault divorce. Premarital contracts on the financial consequences of divorce may be apt as an instrument to protect the interests of spouses against such risks. This finding provides a sound justification for contractual freedom in this field and shows that the availability of premarital contracts should be understood as a logical corollary of the availability of no-fault divorce. [ABSTRACT FROM PUBLISHER]

The article reports on the reduction of hostility and conflict between couples after going through a divorce, and the promotion of "healing divorce." Despite the detrimental effects that acrimony between separated parents has on both the children and the parents themselves, the law refuses to recognize this as a factor inhibiting the resolution of issues on child custody. Healing divorce, although not to be considered a substitute for mediation and Parental Coordinators, aims to teach forgiveness, not just between couples, but also for children who feel resentment toward their parents. According to the author, it is essential for the law to cultivate forgiveness because this helps the persons involved to heal psychologically and allow them to be better parents to their children.

We use a difference-in-difference-in-difference estimator to compare changes in labor force participation, weeks, and hours of work associated with no-fault divorce laws, allowing for differential responses for married women with and without children. Although other research has found that the labor supply of women in general does not respond to no-fault divorce laws, we find that no-fault divorce laws are associated with increases in the labor supply of married mothers relative to married nonmothers, even after controlling for changes in female labor supply in states without no-fault divorce laws and for property division rules associated with the laws. [ABSTRACT FROM AUTHOR]

Applying the Coase Theorem to marital bargaining suggests that shifting from consent to unilateral divorce laws will not affect divorce rates. I show that existing evidence suggesting large effects of divorce laws on divorce rates reflect a failure to explicitly model the dynamic response of divorce rates to a shock to the legal regime. When accounting for these dynamics, I find that unilateral divorced spiked following the adoption of universal divorce laws, but that this rise largely reversed itself within a decade. Overall, these changes in family law explain very little of the rise in divorce over the past half-century. (JEL C78, J12). [ABSTRACT FROM AUTHOR]

The article discusses the dissolution structures and remedies in the context of non-traditional family structures and divorce in the U.S. Several states are enacting the no-fault divorce law which lead to the increase of the divorce rates in the area. The law nullifies a marriage based on several reasons including irreconcilable differences and incompatibility of disposition. Furthermore, the law compelled the state to allow persons to enter into a covenant marriage. Traditional functions are required to grant a divorce which includes adversarial hearings before judges to determine the rights pertaining to support from spouses, division of property as well as child custody and visitation rights.

This contribution introduces the volume by classifying the collection into 3 categories: (i) examinations of the area of property law which focus on the relationship between the decisions in White, Figgins and Lambert (ii) reactions to the implications of McFarlane, Parlour for the evolution of spousal maintenance; (iii) more general theoretical considerations of 'fairness'. It is argued that the judicial response to the breadth of the discretion provided by the respective legislatures has been to create 'rules of thumb'; and that the absence of any serious examination of underlying principles has been to permit opportunistic cross-referencing between the jurisdictions. In this context it is argued that (analogously with the introduction of no-fault divorce) the recent attraction of 'equality' as a governing principle owes more to the incapacity and/or unwillingness of the forensic process to evaluate contribution in a coherent manner than to any genuine commitment to substantive equality. [ABSTRACT FROM AUTHOR]

The radical reform of Greek family law in 1983 included the introduction of no-fault divorce. This study examines the impact of the new liberalized divorce law on the well-being of homemakers in long-duration traditional marriages. We reviewed a sample of reported judicial decisions on postdivorce maintenance and found that Greek judges render restrictive interpretations of the general standards of need, adequacy, and sufficiency. We conclude that judges have failed to compensate full-time homemakers for their nonpecuniary contributions, and we propose a reliance-based alimony model that judges can use to protect financially weaker spouses upon divorce. [ABSTRACT FROM AUTHOR]

Examines certain aspects of the Australian Matrimonial Causes Act, the legislation which preceded Australia's no-fault divorce laws. Author's contention that vestiges of coverture are apparent in the Matrimonial Causes Act; Conjugal unity and adversarial divorce; Grounds for divorce relating to the commission of certain crimes.

We use prior research and state legislative histories to develop a set of decision rules for determining the dates for adoption of no-fault divorce laws in the 50 states. Social scientists have attempted to gauge the impact of no-fault divorce laws on the stability of the family and on the rate of divorce, but the adoption dates used by these researchers varied widely. Such divergences yield conflicting findings on issues related to the impact of no-fault divorce laws on family outcomes. We examine in detail the varying methods used in prior studies for determining no-fault dates, then suggest a method for resolving the conflicts. Precision in and standardization of the dates of no-fault divorce laws used in this body of research will minimize measurement error and improve confidence in the research. [ABSTRACT FROM AUTHOR]

This article presents the response of the authors of a study on no-fault divorce process in the U.S. to Glenn's comments on their research. In our earlier response, we presented number of examples of the types of divorce that no-fault laws would be expected to impact most dramatically. We now wish to address Glenn's criticism of the projection method in Rodgers et al. His suggestion that out linear regression estimates substantially overestimated the effect size is an insightful suggestion. Further, there is a different artifact that should also concern Glenn that operates in the opposite direction. In few states, the no-fault divorce rates accelerated so rapidly immediately before implementation of no-fault divorce legislation that fitting quadratic curves leads to extreme overestimates when used to projection purposes. One way to resolve the problem is again to let the data speak. Glenn's criticism still not caused us to change our position that no-fault divorce legislation led to demonstrable and measurable increases in divorce rates. We invite additional constructive contributions to our understanding of the causes and consequences of no-fault divorce legislation in the U.S.

Focuses on proposals in the United States to rollback the no-fault divorce and swing back to more restrictive divorce laws. Casualties of divorce; Causes of the explosion in the rate of divorce; Law; Economics; Cultural causes; First principles of legal reform; Fairness for women in long-term marriages.

Evaluates the no-fault divorce law of California. Information on the legal regulation of marriage, divorce and family in 1970; Elimination of fault in divorce; Details on the introduction of the theme of legal equality.

In the wake of no-fault divorce legislation, there is renewed interest in using out-of-count procedures to resolve issues that might prevent separating couples from getting the full benefit of the more liberal laws. Responding to this challenge, the American Arbitration Association has established a new set of conciliation, mediation, and - as a last resort - arbitration rules for family dispute services. Because this is a new program, the comments of the two authors who have studies and written extensively in this area are of special. The see the need for some changes in the rules. But in general, they find, "the Family Dispute Services makes a major contribution … by eliminating the concept of fault, by minimizing the adversary nature of familial problems, and by emphasizing self-determination in the resolution of such problems." [ABSTRACT FROM AUTHOR]

Despite similarities in their socio-economic environments and the provision of identical legal grounds for divorce, England & Wales is dominated by fault divorce decrees whereas no-fault divorce dominates in Scotland. Indeed, during the past fifteen years, the shares of fault and no-fault divorce have increasingly diverged across these two regions. The paper proposes an explanation for this remarkable contrast based on cost incentives generated by procedural and legal interventions within the respective legal systems. In particular, the introduction of the Simplified Procedure in Scotland and the reduction in the time bar to divorce in England & Wales are key causal factors. [ABSTRACT FROM AUTHOR]

Many American states allow unilateral no-fault divorce without significant waiting periods, and typically these states also exclude consideration of marital misconduct in the determination of financial awards at divorce. In recent years these laws have come under increasing criticism in both political and academic debates. This article examines those debates. It surveys the available social science evidence on whether such pure no-fault laws increase divorce rates, considers the possible negative impact of proposals to reinstate waiting periods, and analyses three other arguments made for reforming pure no-fault laws: that fault rules are needed to deter bad or selfish marital behaviour, to avoid unjust outcomes, or to prevent parties from shirking their marital responsibilities. The article concludes that there is little evidence that pure no-fault laws have any negative effects, considerable reason to believe that lengthened waiting periods do more harm than good, and both practical and principled reasons to be cautious about using legal sanctions to shape or affect marital behaviour. Finally, the article briefly summarizes some proposals recently endorsed by the American Law Institute for reforming the laws of property division and, especially, alimony (renamed compensatory payments). It argues that an important virtue of these proposals - an improvement in the predictability and reliability of financial remedies at divorce - would be impossible to realize in a divorce regime that allowed consideration of marital misconduct. [ABSTRACT FROM AUTHOR]

No-fault divorce legislation fundamentally changed the formal legal requirements for divorce from grounds based on moral concerns to those showing that the marriage has broken down without attributing blame. The old laws, which required that the plaintiff be blameless and prove malfeasance by the spouse, would have greatly restricted the number of divorces if they had not been widely subverted through collusion and perjury. The no-fault legislation gives an opportunity to test whether the attempts to legislate morality had any impact on divorce rates. Many reformers and researchers have claimed that the fault provisions were so thoroughly subverted that their removal did not lead to more divorces. The present study explores the Impact of no-fault laws in thirty-eight states by applying a time-series-cross-sectional design. When grouped into one variable the laws did increase divorces, but when individual laws are analyzed, only a minority, primarily in eastern states, evidence significant impacts. Finally, I argue that it is probably beyond the limits of feasible social science research to determine why some laws had impacts but others did not. [ABSTRACT FROM AUTHOR]

The article responds to a comment on the authors' theory that no-fault divorce legislation will result to an increase in divorce rates in the United States. It is believed that when a no-fault divorce law was enacted in a typical state, divorce rates increased to a higher level than they would have reached otherwise. Also, the authors' believe that many post legislation divorces would have occurred anyway, with or without no-fault laws. This article begins with the problem of whether changes in divorce rates should be interpreted as raw changes or should be adjusted for period effects. Data used on this study reveal that the correlation between year of enactment and the pre no-fault rate was a nonsignificant correlation. The post implementation effect that the authors have estimated applies to a measure that only accounts for the 3 years after the implementation of no-fault divorce law. Results suggest a net immediate effect of the laws, but whether there is a longer-term effect is not answered by this analysis. It was certain that no-fault divorce laws contributed directly to more divorces or sooner divorces than would have happened otherwise.

The article presents information on a study that analyzes the effect of no-fault divorce law on the divorce rate in the United States. Data from the National Center for Health Statistics, education and income data from the United States Bureau of the Census and religiosity data from the Glenmary Research Center were analyzed using a quasiexperimental pre-post treatment design. Four hypotheses were used in this study. It was hypothesized that no-fault divorce law results in an increase in the divorce rate. Also, median family income has a relationship with the increase in the divorce rate due to no-fault divorce law. Furthermore, it was hypothesized that educational attainment has a negative relationship with the increase in the divorce rate due to no-fault divorce law. Findings reveal that no-fault divorce law had a significant positive effect on the divorce rate across the 50 states. Of the moderators that were considered, median family income was the only significant predictor of the change in divorce rate. And, the adjusted post no-fault divorce rate increased as median family income increased.

One immediate consequence of the adoption of the 1970 no-fault divorce law in California was a significant increase in the percentage of husbands who filed for divorce. This paper explores the effects of a change in the law on the motivations of husbands who file for divorce. A resource model and a normative model are tested on the divorce records of couples receiving final decrees in San Francisco and Los Angeles counties in 1968 and 1972. In spite of clear theoretical expectations, husbands who filed could not be distinguished consistently on the basis of socioeconomic characteristics relating to the two models. Their motives were more clearly revealed in their requests for divorce settlements, particularly child custody, which suggests a model of self-interest in taking the initiative in divorce proceedings. [ABSTRACT FROM AUTHOR]

In the past 10 years, over half of the American states have adopted the no-fault ground of marital breakdown in their divorce laws. These reforms have coincided with dramatic increases in U. S. divorce rates. By comparing changes in the divorce rates of reform states with no-reform states, this study indicates that law changes have had little effect on increases in the incidence of divorce in most states. Exceptions, such as California and Florida should be tested with rival hypotheses pertinent to their special socioeconomic characteristics. [ABSTRACT FROM AUTHOR]

The adoption of a no-fault divorce law in California in 1970 was accompanied by a number of changes--some intended, some unintended--in the nature of the legal process of divorce and in the patterns of requests and settlements regarding alimony, property, and child custody. Analysis of five samples of 500 decrees of divorce drawn from Los Angeles and San Francisco counties in 1968 and 1972, and from Los Angeles in 1977, suggests that although the process of marital dissolution under the no-fault law is less litigious and perhaps less acrimonious than under the old adversary system, the new law raises some interesting questions about equity in spousal support and property settlements when no one is at fault. [ABSTRACT FROM AUTHOR]

The impact of no-fault divorce laws was investigated through direct observation of divorce hearings, with emphasis on how divorce is experienced by contesting and uncontesting clients, and by the judge. Client expectations were identified and found to be largely unmet. The judge was found to have a general antipathy toward divorce eases; four factors that contribute to this antipathy are identified. Finally, it is suggested that, despite the no-fault divorce laws, divorce hearings are generally unsatisfactory for all parties due at least in part to the traditional adversarial nature of the legal procedure. [ABSTRACT FROM AUTHOR]

Presents a study which examined the case of no-fault divorce to explain why certain dissolutions observed in society may be against society's best interest. Examination of the effect of children, as a public good, on the occurrence and efficiency of divorce when legal regime switches from fault to no-fault; Empirical evidences based on data gathered from the Panel Study of Income Dynamics over the period of 1968 to 1981; Conclusion.

The article discusses a December 1970 study proposal for the reform of German divorce law that was said to be carelessly assembled and to provide more confusion than clarity for non-specialists in the law. A later June 1971 legislative proposal is summarized in its key points, which touch on no-fault divorce, choice of surname, property and support rights, and pension entitlements.

The article discusses the reform of German divorce law, in particular related to a July 1970 discussion proposal issued by the Federal Ministry of Public Justice. The proposal focused on simplified, no-fault grounds for divorce, the consequences of divorce for involved parties' names and post-marital support, as well as equalization of provisioning. Divergences from prior divorce law were noted.