Dr. Doug Allen is lecturing on “No-Fault Divorce: Unexpected Consequences and Long-Term Prospects.”
No-fault caused an increase in divorce by 10% to 20%, depending on the study, (contra Nancy Cott in the Prop 8 trial.)
More women enter the workplace and work longer than they otherwise would, due to no-fault. In states that are more no-fault, women work more in the work force, to self-insure against the probability of divorce. They still work more at home, and men work less in the home. The women’s decision to work is their personal decision to self-protect, not a joint decision. The feedback mechanism from more labor force participation, leads to higher wages for women, and lower fertility, and less benefits from marriage. Hence more marriages become less stable.
Age a first marriage changes: people who used to marry early marry later. Those who used to marry later marry early. People who valued commitment used to get married early, and work out the problems in the marriage, whereas people who are value having the right match, used to get married late. Under no-fault, the “commitment” people waited longer to married. They value commitment and want to be sure they get a partner that won’t default. The “soul-mate” people get married earlier because in their minds, “easy in, easy out.” They search for the right partner by going through multiple marriages.
So, in effect, every married person changed their behavior, even if they stay married.
Violence: when fault is removed from the property settlement, there is more violence in the home. Suicides by married and domestic violence women fall in no-fault states. Children’s suicides go up in no-fault states.
No fault had long-term consequences on a whole range of issues: divorce law was never the most important cause of these trends, but still significant over a whole range of issues.