Shocking Facts Revealed about the History of Divorce

• Current divorce statistics 
• Timeline: Evolution of divorce
• The first U.S. divorce
• Divorce ranches
• Women’s evolving roles in divorce
• The Reno divorce
• No fault-divorce
• DIY divorce without lawyers
• The future of divorce
• How Hello Divorce can help
• References

Throughout history, laws and societal norms surrounding marriage and divorce have changed dramatically. From the 1500s when divorce wasn't allowed (although in certain circumstances, like the inability to bear a child, an annulment through the church could be entertained) to nowadays where "divorce parties" have become almost as prevalent as engagement parties, the way most modern cultures view divorce has changed as drastically as fashion.

Current divorce statistics 

While we tend to think that about half of marriages end in divorce, rates and trends vary widely depending on the demographic in question. Here are some general trends and statistics regarding recent divorce rates.

Global trends in divorce

Divorce rates have been on the rise in many parts of the world over the past few decades, although they can fluctuate based on economic, social, and cultural factors. In some developed countries (such as the U.S.), divorce rates have stabilized or even declined slightly in recent years, possibly due to changing attitudes toward marriage, increased access to education and employment for women, and the growing popularity of cohabitation before marriage.

Divorce trends in the United States

In the U.S., the overall divorce rate has declined in recent years, particularly among younger couples. According to research by Bowling Green State University, after reaching a 40-year record low for two consecutive years (2020 and 2021), the divorce rate rose slightly in 2022. Still, the overall trend is down since 2008.

This decline has been attributed to factors such as marrying later in life or not at all, higher education levels, especially among women, and greater economic stability among married couples. 

Divorce rates remain quite high among certain demographic groups, such as spouses with less education and lower income. Those who marry very young age or have been previously divorced are also more likely to divorce.

Factors that influence divorce rates

As mentioned above, finances play a large role in divorce. Economic factors such as unemployment, financial stress, and large disparities in income between spouses (thus a power imbalance), can significantly impact divorce rates.

According to the Institute for Family Studies, divorce is more common if the wife earns significantly more than her husband.

Cultural attitudes about marriage, divorce, and families also play a role. Societies built on traditional family values tend to have lower rates of divorce, versus those that place a larger emphasis on independence and alternative lifestyles. Studies have demonstrated that the communities we live in can discourage or encourage divorce.

Effects of the COVID-19 pandemic on divorce

COVID and its associated lockdowns had mixed effects on divorce rates and trends around the world. While some areas experienced fewer divorce filings during shelter-in-place periods, others saw increased demand for divorce, as couples’ issues became more pronounced or less bearable while in constant company of each other. 

Online and remote divorce services became the norm during the pandemic, and many courts have continued more self-service, online, and simplified processes. Read more about COVID’s impact on divorce here.

Where to find the most recent data on divorce

For the most current and specific data on divorce rates and trends, we recommend sources such as government agencies, research institutions, or organizations that specialize in family demographics and statistics. Here are a few trusted U.S. and International sources:

• U.S. Census Bureau
• Pew Research Center
• National Center for Family & Marriage Research (NCFMR)
• Institute for Family Studies (IFS)
• The Centers for Disease Control (CDC) 
• Journal of Marriage and Family, Demography, and Family Relations
• United Nations (UN)
• Organization for Economic Cooperation and Development (OECD)
• Google Scholar

Timeline: Evolution of divorce

Here's a broad timeline of significant milestones in the evolution of divorce and family law.

1.  Ancient civilizations: There is evidence of formally ending marriage-like relationships in Mesopotamia, Egypt, Greece, and Rome – but these instances were rare. In ancient Rome, divorce was permitted only in cases of adultery or infertility, and was almost exclusively granted at the male’s request.
2.  Medieval and early modern Europe (5th to 18th centuries): The Catholic Church held significant influence over marriage and divorce – which was rare and typically granted only through annulment. In Protestant areas of Germany and Switzerland, divorce laws began to evolve with the Reformation.
3.  18th and 19th centuries: The Enlightenment period and the rise of secular legal systems in Europe fine-tuned divorce laws. Typically, countries adapted more standardized divorce procedures and grounds, but divorce was still very difficult, expensive, and limited to men.
4.  20th century: This is when there were significant reforms in divorce laws, especially in Western culture. Grounds for divorce expanded and no-fault laws began. Divorce law also incorporated issues such as property division, child custody, and spousal support.
5.  Late 20th century to present: Divorce law continues to evolve in response to changing social attitudes and family structures. Mediation and alternative dispute resolution methods became common in divorce proceedings. Same-sex marriage legalization also changed divorce law.

The first U.S. divorce

Early laws required that a person seeking divorce prove fault. That is, they had to prove that their spouse did something so egregious that a divorce must be granted. Further, the spouse requesting the divorce had to have "clean hands," meaning they could not have done anything wrong during the marriage (such as abuse, adultery, or abandonment). If their hands weren't clean, the divorce would be thrown out, and the disenchanted couple would have to stay married.

The first U.S. divorce, according to historical records, occurred in Massachusetts in 1643. In these proceedings, it came out that the husband had two wives and two sets of children. This divorce was granted on the basis of bigamy.

Beginning in the twentieth century, divorce laws slowly became more liberal, culminating in divorce as we know it today. Here, we examine three of the most influential changes to divorce that shaped the way couples are now able to get a divorce.

Divorce ranches to meet residency requirements ASAP

In the early 1900s, several states began to revise their residency requirements, shortening the length of time a person must reside in a state to become a resident and get a divorce. This led to the informal installation of divorce mills: cities or states that people (most commonly women) fled to in order to quickly establish residency and divorce their spouses. Idaho and Arkansas became well-known divorce destinations, but perhaps the most prevalent city for divorce was Reno, Nevada.

At the turn of the century, Reno was one of the largest towns in Nevada (Las Vegas was not yet the desert oasis it is today), but it was still a quiet and relatively small ranching outpost. For years, the Nevada legislature toyed with the idea of shortening its residency requirements, toggling between a year of living continually in Nevada to establish residency, to six months, to three months. Finally, in 1931, the government shortened the length of time a person had to live in Nevada to establish residency to a mere six weeks. Add in liberal divorce laws (for the time), and Reno's divorce boom was quickly underway.

In the entrepreneurial spirit, local ranchers and homeowners saw an opportunity to capitalize on this new divorce trend. They formed "divorce ranches," or places where divorce hopefuls could stay for the six weeks needed to establish residency in Nevada. The ranches catered to the disenfranchised bride (or groom) and provided community, activities, entertainment (both legal and non-legal), and, most importantly, the required witness needed to prove residency to the court. The cost was about $1,500 (approx. $15,000 in today's numbers). 

The ranches quickly became a mecca for housewives, socialites, and celebrities alike. Notable celebrities seen in Reno during the heyday of what became known as "The Reno Divorce" included Rita Hayworth, Norman Rockwell, General Douglas MacArthur, and Mary Rockefeller. Annual divorces in Reno jumped from roughly 1,000 per year in the 1920s to 19,000 per year by 1946.

Women’s evolving roles in divorce

The role of women in the history of divorce is significant and reflects broader changes impacting women's rights and autonomy. Here is a general timeline.

Early divorce laws and restrictions

In the 19th and early 20th centuries, divorce laws were restrictive and mostly reserved for men. Grounds for divorce were limited to specific reasons such as adultery or cruelty. Divorce was extremely expensive and took a long time.

Divorce ranches era

As noted in the Divorce Ranches section above, women seeking to end their marriages started moving to communes where they could establish residency in states like Nevada with more lenient divorce laws.

Changing attitudes and legal reform

The divorce ranch era coincided with broader shifts in attitudes about divorce and women's rights. Divorce became a more viable option for anyone who wanted to end their marriage. No-fault divorce laws made divorce more accessible, versus requiring fault grounds which can be hard to prove.

The women's rights movement, demand for gender equality, and other human rights activism have helped women and individuals in general have more access to divorce.

Women played a crucial role in shaping the history of divorce, from challenging restrictive laws to seeking independence. They also achieved legal changes to help those in abusive relationships leave and protect their children.

The Reno Divorce

The popularity of The Reno Divorce was further amplified by Nevada's lack of policy or timeline for remarriage. This meant that a person who got divorced in Reno could marry their next spouse the same day they received their divorce decree instead of waiting a month to a year in other states. The surge in "divorce tourism" also provided a huge boost to Reno's economy, generating nearly $5 million in annual revenue ($50 million by today's standards).

The ranches offered not just a "way out" of marriage but an opportunity to skip scandal and stigma and start anew. Often, patrons would bring a "friend" or meet one there, starting new relationships or even tying the knot after the divorce was finalized.

Ultimately, as other states liberalized their divorce laws, The Reno Divorce began to phase out.

Why is Reno such an important part of divorce history?

It's important because it showed politicians and lawmakers the stark desires of the American people and, in particular, women: to be able to legally and quickly end their unhappy marriages and to move on, unencumbered, to the next chapters of their lives.

Not my fault! Enter no-fault divorce

Until the late 1960s, divorce laws always required the petitioning party to prove fault in order to have their divorce granted. A person could not divorce their spouse merely because they were unhappy in the relationship. Rather, they had to prove their spouse had done something wrong.

Reasons to grant a divorce included but were not limited to bigamy (in certain states), adultery, abandonment, extreme cruelty or abuse, and the inability to (ahem) perform in the bedroom. The result of these at-fault laws was that thousands upon thousands of couples were forced to stay in unhappy marriages on the basis that neither spouse had done anything egregiously wrong. Growing apart simply wasn't an option.

Legal implications of no-fault vs. fault divorce

There are significant differences between no-fault divorce and at-fault divorce. These differences impact property division, custody matters, spousal support, and emotional dynamics of the spouses and their loved ones. Here are some of the key differences.

Grounds for divorce

• At-fault divorce: The spouse seeking a divorce must prove that the other spouse committed a specific fault or wrongdoing that justifies ending the marriage. 
• No-fault divorce: Couples can end their marriage without assigning blame or proving fault. 

Legal process

• At-fault divorce: Proving fault is difficult and time-consuming. It may require evidence, witnesses, and legal arguments to establish the grounds for divorce.
• No-fault divorce: Divorce procedures are generally simpler. Spouses can often complete the divorce process more efficiently through mutual agreement or mediation, instead of needing to go to court.

Property division

• At-fault divorce: Sometimes, the spouse who committed wrongdoing is penalized. The innocent spouse may be awarded a more favorable share of marital assets or support payments.
• No-fault divorce: No-fault divorce typically follows equitable distribution principles, where marital property is divided fairly but not necessarily equally. 

Child custody and support

• At-fault divorce: The courts may determine one spouse’s conduct as a hindrance to the children’s best interests, they can limit their parental rights. They might also be ordered to pay (more) child support.
• No-fault divorce: No-fault divorce laws prioritize the best interests of the children. Factors such as parental capacity, stability, and the child's preferences (if mature enough) are taken into account, regardless of fault in the divorce.

Spousal support (alimony)

• At-fault divorce: A spouse who was financially dependent and harmed by the other spouse's misconduct may receive higher alimony payments.
• No-fault divorce: Spousal support is often determined based on factors such as the duration of the marriage, each spouse's financial needs and earning capacity, and the standard of living during the marriage – not personal conduct.

Overall, the preference for no-fault divorce has led to more efficiency and less conflict. It leads to a fairer result for every family’s unique circumstances.

Ronald Reagan's no-fault divorce concept

Things began to change in 1969 when the governor of California, former president Ronald Reagan, officialized California's Family Law Act. The act permitted divorcing couples to split for no other reason than "irreconcilable differences." In other words, neither spouse had to prove the fault of the other to get divorced.

Other states quickly followed suit, and irreconcilable differences soon became the benchmark for divorce in the United States.

The shift to no-fault divorce resulted in a sharp rise in divorce rates throughout the 1970s and 1980s. Many couples who, until the 70s, had no options for ending a faultless marriage could now get divorced. The shift in divorce laws also corresponded to the shift in the way society viewed marriage in general. According to the Pew Research Center, marriage rates also fell as many couples opted for cohabitation over marriage.

A revolutionary change

The no-fault divorce ultimately revolutionized divorce for Americans. With an increase in divorces, many states formed courts to specifically deal with divorce and other family law matters. Increased efficiency moved divorce cases through the system relatively quickly and helped courts prioritize emergency matters. The stage was set for the next monumental change to the way we divorce.

Lawyer down: The DIY divorce

In the early 1990s, in what could arguably be one of the most influential moments in human history, the internet went public and became available to everyday Americans across the country. As the internet grew, so did the information available, including information about divorce and the divorce process.

Armed with information at their fingertips, people began searching for ways to take charge of their legal matters without hiring an attorney. Seeing an opportunity, in 2001 LegalZoom became one of the first online platforms to offer online legal help by providing users with legal forms. 

As the speed of technology and information sharing grew, so did the demand for a simpler, more affordable way to get divorced. By about 2010, the average cost for a divorce using attorneys was nearly $15,000. Once divorce courts began providing more access to forms and information online, the door was opened for the next big thing in divorce: the online do-it-yourself divorce.

Read: Why Is Hello Divorce Better than Other Online Divorce Services?

The future of divorce

The future of divorce proceedings is likely to be influenced by ongoing technological advancements and evolving societal changes. Here are some potential developments in divorce proceedings based on these factors.

• Online dispute resolution (ODR) and virtual proceedings: Divorce proceedings are increasingly moving towards virtual formats, especially in uncontested cases. This can facilitate easier access to legal services, reduce the need for physical court appearances, and streamline the resolution of disputes.
• Mediation and other alternatives to lawyering up: More and more couples seeking to end their marriages are choosing the amicable, cooperative route.
• Lower legal costs: Avoiding the lawyered-up trial, spouses are saving thousands with online platforms and as-needed services.
• Data analytics and predictive tools: These tools may be used to quickly analyze large volumes of divorce-related data, including case outcomes, settlement agreements, and judicial decisions. This information can help those involved in divorce proceedings make more informed decisions and understand potential outcomes based on historical trends and patterns.
• Blockchain technology for documentation and asset division: Secure and transparent methods for storing and managing legal documents are becoming more accessible. This can streamline the process of documenting assets and liabilities during divorce proceedings, reducing disputes and ensuring accuracy.
• Artificial Intelligence (AI): AI-powered tools can enhance legal research capabilities, allowing lawyers and other parties involved in divorce cases to easily access relevant laws, statutes, and legal precedents. This may lead to improved legal strategies. AI-driven case management systems can also help streamline and speed up administrative tasks and communications.

Hello Divorce offers DIY, expert-supported divorce and more

While not the first legal tech company to offer consumers divorce forms, Hello Divorce became one of the first to provide a platform where potential divorcees could "DIY" their divorce from start to finish with the help of a divorce expert to guide them through the process.

Much like TurboTax for divorce, Hello Divorce offered a new solution to empower individuals to take charge of their divorce without needing to spend an exorbitant amount on attorney fees. Hello Divorce began in California and has since expanded to Texas, Colorado, Florida, Indiana, Utah, Washington, and New York. We plan to continue expanding so our services are available nationwide.

Want to learn more about our affordable online divorce plans? Click here.

As demand for affordable and convenient legal services continues to grow, so will the popularity of "DIY Divorce" and legal tech platforms like Hello Divorce. Moreover, the coronavirus pandemic has shown the potential for courts to hold many proceedings remotely and to handle most of the divorce paperwork online. Perhaps the temporary changes caused by coronavirus could even indicate a more permanent change to the way courts handle divorces in the years to come.

The last hundred years may have shown more ingenuity than any other century prior, although that's really not saying a whole lot. From the invention of the automobile to the first human landing on the moon to the widespread availability of the internet, technology, and innovation seeped into every aspect of our lives. And, while the legal system is known for being slow to "get with the times," the last one hundred years offered some of the biggest and most influential changes to the way Americans divorce. And yet, it's still stigmatized and generally resolved via family court litigation. We can only hope that the next one hundred years will bring a more humane, less complicated divorce.

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References