- Title Pages
- 1 How to Give the Present a Past? Family Law in the United States 1950–2000
- 2 Changing Family Patterns in England and Wales over the Last Fifty Years
- 3 A Century of the American Family
- 4 Family Policy in the Post-War Period
- 5 The Evolution of Family Policy in the United States after World War II
- 6 English Family Law since World War II: From Status to Chaos
- 7 The Shadowlands: The Regulation of Human Reproduction in the United States
- 8 The Legal Regulation of Infertility Treatment in Britain
- 9 Parenthood in the United States
- 10 Marriage, Cohabitation, and Parenthood—from Contract to Status?
- 11 Marriage: An Institution in Transition and Redefinition
- 12 The Constitutionalization of American Family Law: The Case of the Right to Marry
- 13 Dual Systems of Adoption in the United States
- 14 English Adoption Law: Past, Present, and Future
- 15 Divorce in the United States
- 16 Divorce in England 1950–2000: A Moral Tale?
- 17 The Financial Incidents of Family Dissolution
- 18 Post-divorce Financial Obligations
- 19 The Status of Children: A Story of Emerging Rights
- 20 Disputing Children
- 21 The Law and Violence Against Women in the Family at Century’s End: The US Experience
- 22 Violence Against Women in the Family
- 23 A Forum for Every Fuss: The Growth of Court Services and ADR Treatments for Family Law Cases in the United States
- 24 Access to Justice in Family Matters in Post-War Britain
- 25 Child Welfare Policy and Practice in the United States 1950–2000
- 26 From Curtis to Waterhouse: State Care and Child Protection in the UK 1945–2000
- 27 The Hague Children’s Conventions: The Internationalization of Child Law
- 28 Individual Rights and Family Relationships
- 29 The End of an Era?
Divorce in the United States
Divorce in the United States
- (p.340) (p.341) 15 Divorce in the United States
- Cross Currents
Ira Mark Ellman
- Oxford University Press
Recent interest in fault divorce seems part of a more general cultural trend favoring traditional values, a trend which probably also contributes to the downward movement in divorce rates. One might conclude that the arguments for reviving fault law are simply too weak on merits to prevail in the end. The covenant marriage movement has adopted the politically clever tactic of portraying itself as merely giving prospective spouses a choice, and of relabeling the newly available choice with the appealing term ‘covenant’ rather than the more accurate term of fault divorce. Even so, it has had a difficult time making headway since its initial adoption in Louisiana. Arizona amended the Louisiana package to permit divorce by mutual consent, and even by unilateral consent with a two-year waiting period, but even this much weakened version passed by the narrowest of margins. Covenant marriage proposals have been defeated in other states. The belief that marriage and divorce are matters for regulation by private commitment rather than legal compulsion appears to remain strong.
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