Changing from Fault to No‐Fault Divorce: An Interrupted Time Series Analysis

Abstract

The removal of fault as a criterion for the distribution of justice in domestic relations represents a major innovation in jurisprudence. Such innovations provide opportunities to evaluate the effects of legal changes on behavior. This research investigated the effects of no‐fault divorce on divorce behavior in Nebraska. An interrupted time series quasiexperimental design was employed to test the hypothesis that no‐fault divorce leads to an increase in the number of divorces granted. Results showed that the new law had no reliable effect on the overall divorce rate. Separate analyses were performed for urban and rural counties, black and white couples, marriages of various lengths, and people of various ages. No effects of the law were found in most of these analyses. However, no‐fault divorce did appear to have significantly increased the number of divorces among blacks, among people over 50 years old, and among couples married longer than 25 years, although in the latter two cases the effect seemed short‐lived. The implications of this study for the current debate surrounding no‐fault divorce are discussed.

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