Through my HDFS 6130 Family Policy Course, I chose the topic of No-Fault Divorce for my family impact seminar. I focused on the potential risk factors, protective factors, and promising policies within the literature.

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No-Fault Divorce: The Road Toward a Holistic Marriage Dissolution
Morgan Geurts
University of Georgia

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No-Fault Divorce: The Road Toward a Holistic Marriage Dissolution
Topic Overview
The ability for a couple to file for a No-Fault Divorce is an incredibly important family
policy issue, as it provides a way for a couple to split apart mutually without declaring marital
misconduct on either part by instead declaring incompatibility or irreconcilable differences.
Marriage makes up a structural family membership, as it creates legal ties between individuals
and any dependents of them. If the couple had kids, this type of divorce further allows the
family’s changing structure to not jeopardize its functioning as a whole. Thus, family is defined
both structurally and functionally with this policy. For instance, the legalization behind a No-
Fault Divorce allows legal marital ties to be severed when it is a mutual decision for the parties
or one party’s decision to separate, which has the further implication of protecting the
continuation of the family’s important functions of caring for the young by both parents if
applicable (Bogenschneider, 2014).
In the United States, all 50 states have officially allowed married couples to file for a No-
Fault Divorce. As it stands, the growing movement is to remove the ability to file for Fault
Divorce, which 17 states have already done by 2019. However, it is important to note that for
some of these states, there are special circumstances such as insanity of one individual that may
still allow the partner to file the divorce under a slightly different arrangement than No-Fault. As
of now, Georgia has not switched to a pure No-Fault jurisdiction, which implies the couple can
only file for a No-Fault divorce under normal circumstances (World Population Review, 2020).
Switching to a pure No-Fault jurisdiction state opens up the possibility to explore divorce from a
holistic perspective and protect not only the individuals involved in the former family but also
maintain the responsibilities and connection of the family as a whole. Thus, the mediation of

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divorce also requires the further creation of a third-party organization of professionals in each
state that would serve as a valuable resource for individuals affected by divorce and provide
continuous support and revaluation of the well-being of all involved.
Review of Literature
Risk Factors
Current estimates reveal half of all marriages end in divorce, resulting in over one million
children every year experiencing the life stressor of divorce in the United States. Divorce often
disrupts the family members’ daily functioning, as it can remove particular people met through
the previous spouse, create ongoing conflict between co-parenting parents, or even change the
financial situation of both partners. Such changes can bring about reductions in well-being,
which in turn either remains low for a specific amount of time before readjustment or
dangerously never recovers. Specifically, these reductions in well-being for children of divorce
include poorer scores in comparison to their peers in the following categories: academic
achievement, physical conduct, phycological adjustment, self-concept, and social competence. It
is important to note though that a small exception is that when divorce brought about the end of a
high conflict marriage, those children experienced better outcomes post-divorce. However, in
general after a divorce, both adults and children score lower on well-being than their
counterparts without divorce, thus emphasizing the need for more attention to be given to those
consequences and potential assistive interventions (Amato, 2000).
Unfortunately, divorce has the potential to negatively affect children in the following
areas: their relationships with others, well-being and satisfaction, risk of emotional distress,
educational choices, and future earning potential. Moreover, adults may lack the time and
emotional capacity to parent their children to the best potential. This point is exaggerated with

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the notion that children who live with their mothers often lose their relationship with their
fathers, as one in six children still see their fathers once a week and less than half saw their father
at all after one year. Therefore, the children may lose a foundational relationship that then causes
more repercussions on their emotional health and trust in the world and others. Divorce
negatively affects adults as well, with continuous feelings of anger, disappointment, and
loneliness, lower community involvement, and worse physical health (Anderson, 2014).
Protective Factors
The potentially destructive nature of divorce coupled with the amount of people affected
begets the need for a solution. In Italy, a study observed the effects of a new law that was created
to maintain the parental rights of both parents beyond the dissolution of a marriage. The
researchers found that a protective factor for children’s well-being was a stable, low-conflict co-
parenting relationship. Furthermore, they realized the need of any professionals coming into
contact with the family such as child custody evaluators, lawyers, judges, social workers, and
family mediators to focus on helping the two split partners develop a successful co-parenting
relationship (Ranieri et. al., 2016).
A study in 2018 looked specifically at child custody cases by interviewing a variety of
professionals involved in the divorce and custody process. The researchers from the study
recommended that mediation should be mandatory prior to going to court as to try to find a best
possible solution and compromise for both parties. In addition, they suggested mandatory
education programs for parents as well as counseling sessions to help the family members adjust
to changes in life post-divorce (Abdulla & Ibahath, 2018).
Curious about the success of such educational programs, researchers in Arizona studied
the impact of a program, New Beginnings Program-Dads, that focuses on educating divorced and

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separated fathers on discipline, parenting skills, developing positive interactions with children,
and protective factors for children despite parental conflicts. From the results over a 10-month
follow-up, the researchers determined that this designated education improved the fathers’
parenting after divorce as well as reduced child behavioral problems and competencies (Sandler
et. al., 2017).
Researchers conducting a study in Phoenix, Arizona, a pure No-Fault jurisdiction, on
divorcing couples with at least one child found that the overall trend was that both parties were
more satisfied than unsatisfied with the divorce outcomes. Interestingly despite criticism against
No-Fault Divorce that it would negatively impact mothers, the results indicated that the women
were more satisfied than husbands one year later. However, the imbalance from custody and
visitation provisions corrected itself at three years post-divorce, suggesting that no-fault brings
about a more holistic, balanced outcome (Ellman, 1997).
Conclusion
In sum, divorce is often full of conflict between two parties arguing and desperately
trying to win the upper hand for child custody when kids are in the picture. Indicated by
research, this ongoing conflict and common life stressor can have disastrous temporary or
permanent effects on the well-being of the children and adults involved (Amato, 2000).
Therefore, the divorce process requires some intervention on behalf of the state. As shown in
Italy, low conflict successful co-parenting can mitigate many negative effects of a dissolution of
a marriage (Ranieri et. al., 2016). Thus, a state with a pure No-Fault jurisdiction separates the
rights of parents from any wrongdoing in the relationship between the adults. In other words, the
relationship between each parent and their children is what should be presented as opposed to the
quality of relationship between the previous partners for custody determination. This has the

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intended consequence of giving rights to both parties as well as promoting the well-being of the
children above any marital disagreements or issues. Furthermore, it would create the unintended
consequences of less disruption in family functioning that could come from long, drawn out
court cases and potentially a prevention of the loss of a parental relationship for a child.
A review in previous child custody cases presented the recommendation of counseling
services as well as co-parenting seminars to help mitigate the negative effects that come from
divorce (Abdulla & Ibahath, 2018). This further points to the importance of the state creating a
designated organization of professionals with the intent to serve families post divorces. Such an
entity presents the intended consequences of higher parenting quality, better adjustments in well-
being, and attention to reduce any mental health concerns. In addition, it presents the unintended
consequences of awareness that these individuals in society need attention and concern, despite
how common a divorce is in modern times. Kids and adults deserve that additional support in
that period of time after papers are signed and the divorce is final.
Family Impact Analysis & Promising Policies and Practice
In conducting the Family Impact Checklist, it is appropriate to utilize two principles. The
first principle, family responsibility, emphasized the importance of a No-Fault Divorce from a
holistic approach and additional guidance from a designated organization to help maintain
families’ responsibilities to continue care for dependents as well as help families with a new
normal of their daily routines. The incorporation of a third-party organization with resources for
the family members additionally guides individuals but leaves the responsibilities, such as caring
for dependents, in the hands of the former partners unless intervention is required. The policy
barely scratches the surface in terms of addressing root causes of financial insecurity and how
those may play a role in the divorce mediation procedure and thus the care and custody of any

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potential children. Perhaps, future research could be created to see how financial insecurity
affects the process and outcomes of divorce that could then be used to better serve that particular
community.
With the principle of family stability, the proposed policy excels in creating an entity and
a foundation to help families avoid potential consequences of negative family functioning post-
divorce as well as serves to the best of its ability to consider the well-being and rights of all
members of the former family and the functioning of the family at large. Furthermore, the
outside organization’s entire goal is to serve as an anchor for families to help maintain their day
to day functioning. The consistent evaluation system also helps provide support to families once
separated that may have been written off in the past as not requiring any additional services.
Furthermore, the policy has the ability to do an adequate job of providing resources that support
the stability of the family rather than the marriage. It is not the state’s job to convince a couple
they shouldn’t get divorced once they have decided. Instead, the state should help the family
with the fallout process of their new decision. The policy also recognizes that divorce should not
be belittled to a signing of a paper; it incorporates solutions that allow a family member’s well-
being to continue to be evaluated and improved even post-divorce. Incorporating a third-party
organization gives the right to professionals to consider the well-being of the children and
potentially intervene if necessary. With this potential solution, it perfectly addresses that there is
a need for families after a divorce to have access to a community that offers resources and
understands their specific situational requirements.
Promising practices include an organization in Iowa called Kids First that provides
resources for parents and children dealing with divorce in the form of workshops, informational
books and knowledgeable articles, general advice and tips, as well as suggestions on how to

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relax and lower anxiety stemming from changing circumstances. Their focus is on intervening to
eliminate the negative effects on children of divorce and custody conflicts and to help parents
reduce their conflict and have access to helpful resources (Kids First Law Center, 2020). This
organization represents what every state should have or expand because it exemplifies how a
third-party dedicated to helping children and parents can be successful and quite necessary for
the well-being of so many, as divorce has become quite common in our society.
Conclusion & Recommendations for Actionable Goals
The remaining thirty-three states in the United States should pass legislation making them
a pure No-Fault Jurisdiction, with only unusual, specific circumstances being the exception.
Removing the ability to file for a Fault Divorce not only allows the official process to move
along smoother and quicker but also prevents an individual from lying, belittling, or bullying the
other partner in order to be the “innocent one” who gains the most from the divorce. In other
words, it protects the rights of both individuals, who once decided to enter a marriage together. It
is important to note that abuse and insanity could be considered as unusual circumstances and be
treated in a different manner than the default No-Fault Divorce pattern.
Once the state has established a pure No-Fault jurisdiction, the attention of the state can
be focused toward creating a third-party organization in each state that exists to serve the
individuals affected by a divorce once it is finalized. Being a No-Fault Divorce, it is not as an
open and shut case as a Fault Divorce would imply; therefore, further evaluation is essential.
This evaluation from the created entity could include a variety of resources, including a co-
parenting seminar, therapy sessions, and the use of a mediator to access the current adjusted
routine and potentially help institute changes as the family may require them. The need for
intervention from this outside source could be determined by the original divorce details,

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whether the partners were on the same page or whether there was a lot of turmoil among the
children and adults, or by the family’s request itself. Either way, the state would be able to look
more holistically at the dissolution of formally legally binding ties and the effect upon the family
and therefore, be better able to protect the well-being of both the adults and children affected by
divorce.

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References
Abdulla, S., & Ibahath. A. (2018, January). Dealing with Child Custody Cases: Challenges and
Way Forward. National Conference on Research in Domestic Violence, 28, 12.
Amato, P. R. (2000). The Consequences of Divorce for Adults and Children. Journal of
Marriage and Family, 62(4), 1269-1287.
Anderson, J. (2014). The Impact of Family Structure on the Health of Children: Effects of
Divorce. The Linacre Quarterly, 81(4), 378-387.
Bogenschneider, K. (2014). Family Policy Matters: How Policymaking Affects Families and
What Professionals Can Do (3rd ed). New York: Taylor & Francis.
Ellman, I. M. (1997). The misguided movement to revive fault divorce, and why reformers
should look instead to the American Law Institute. International Journal of Law Policy
and the Family, 11(2), 216-245.
Kids First Law Center. (2020). Resources for Parents https://www.kidsfirstiowa.org/additional-
resources/resources-parents
Ranieri, S., Molgora, S., Tamanza, G., & Emory, R. E. (2016). Promoting Coparenting After
Dirorce: A Relational Perspective on Child Custody Evaluations in Italy. Journal of
Divorce & Remarriage, 57(5), 361-373.
Sandler, I., Gunn, H., Mazza, G., Tein, J. Y., Wolchik, S., Berkel, C., ... & Porter, M. (2018).
Effects of a program to promote high quality parenting by divorced and separated
fathers. Prevention Science, 19(4), 538-548.
The Family Impact Institute. (n.d.). Family Impact Checklist Using Evidence to Strengthen
Families. https://www.purdue.edu/hhs/hdfs/fii/wp-
content/uploads/2015/06/fi_checklist_0712.pdf

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World Population Review. (2020). No Fault Divorce States 2020.
https://worldpopulationreview.com/states/no-fault-divorce-states/

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Polling Points
You can answer the following questions for up to 10 points (2.5 points each) on the FIS.
Evaluation details on the syllabus.
1. Did you give your best effort on this assignment?
I gave my best effort in this assignment, as I tried my best to start earlier on the
assignment rather than later as well as picked a topic that I was very curious about
finding out current research on and developing a greater understanding.
2. How did the environment you were in impact your effort or this assignment?
Being back at home in Atlanta caused me some difficulties in trying to stay focused and
within a mindset on school, which did cause me to occasionally sit down to write and
then end up doing something else instead.
3. Review your work? Did you do an effective job communicating the ideas and
implications of the readings/policy?
Overall, I felt I was effective in communicating my ideas and implications upon the
family of a pure No-Fault jurisdiction and a designated third-party organization.
However, at times as I found myself changing focus and narrowing more into my
proposed policy adjustment, I had to erase a paragraph and begin again to make sure my
communication was concise and focused around my main topic.

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4. Reflect on your thinking, learning, and work on this assignment. What were you most
proud of?
When I started this assignment, I was curious about the topic and excited to learn more. I
am most proud of as I filled out the checklist and began to do research, I shifted my
thinking beyond just states all having a pure No-Fault jurisdiction to think of how a
community could best support the individuals affected by divorce.