Happy International Women’s Day!

Of the many big and small inequalities, we cannot overlook the right of a woman to end a difficult marriage. While divorce may be common place and social acceptable for women today, it has not been that way in history.

Throughout modern time, divorce could only be granted if one spouse proved “fault” – usually either adultery or cruel treatment – in a court of law. Some states in the US went further and required that a divorce be approved by the state legislature!In order to have such a contested type of suit, in a male-dominated arena with male lawyers and male judges, a woman would first have to have the guts to tell her business in public, then she would have to find the financial mean to hire a (male) lawyer to handle her case. In the good-old-boy system that existed back then, she couldn’t be sure that the male lawyer she hired wasn’t one of her husband’s social buddies. In short, only women who had wealth could effectively get divorced. A woman who was from a lower socio-economic situation would be stuck in a bad marriage with a violent man without much recourse.

In the 1970’s, with the advancement of women’s equality, along came no-fault divorce. This means that a woman could just say she wanted a divorce, without having to “prove” anyone did something wrong, to get released from a bad marriage. She wouldn’t have to “air her laundry” in public. She wouldn’t have to prove that her husband had sex with the secretary. She wouldn’t have to document her bruises from the last beating he gave her.

California – and future President Ronald Regan – passed the first no-fault divorce statute in the United States in 1970. Most other states, including Texas followed suit shortly thereafter.  New York became the last state to pass no-fault divorce in 2010! (See Wikipedia on no-fault divorce.)

President Regan later regretted his favor for no-fault divorce because he felt that it weakened the institution of marriage, making it too easy to divorce. Statistics support his regreat:

  • From 1960 to 1980, the divorce rate more than doubled — from 9.2 divorces per 1,000 married women to 22.6 divorces per 1,000 married women.
  • While less than 20% of couples who married in 1950 ended up divorced, about 50% of couples who married in 1970 did.
  • And approximately half of the children born to married parents in the 1970s saw their parents part, compared to only about 11% of those born in the 1950s.

(See W. Bradford Wilcox The Evolution of Divorce, Fall 2009, National Affairs.)

Many women who are now able to get out of bad marriages that they couldn’t have before would disagree with his regrets!

Betsey Stevenson, an economist at the University of Pennsylvania who has studied divorce extensively, believes that the introduction of no-fault divorce benefits women. “It leads to a 30 percent decrease in domestic violence. Not only is it easier for the abused to escape their marriages, but potential abusers are also less likely to act because they’re aware that their spouses can leave them. No-fault divorce also makes women less likely to commit suicide.” (See Jamie Kapalko, No-fault divorce: Good for women?)

So, in honor of International Women’s Day, be grateful that you live in a country where you have the RIGHT divorce your husband for a good reason or no reason at all – just because you want to. Like many things… it is OUR choice for what’s best for us, not the government or a man or the church or whoever else wants to meddle. You get to decide whether to stay in your marriage or leave it.

 

See History of Divorce Law in the USA, History Cooperative.

 

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Photo of Michelle O'Neil Michelle O'Neil

Michelle May O’Neil has 27 years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes…

Michelle May O’Neil has 27 years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes genuine compassion for her client’s difficulties, yet she can be relentless when in pursuit of a client’s goals. One judge said of Ms. O’Neil, “She cannot be out-gunned, out-briefed, or out-lawyered!”

Family Law Specialist

Ms. O’Neil became a board-certified family law specialist by the Texas Board of Legal Specialization in 1997 and has maintained her certification since that time. While representing clients in litigation before the trial court is an important part of her practice, Ms. O’Neil also handles appellate matters in the trial court, courts of appeals and Texas Supreme Court. Lawyers frequently consult with Ms. O’Neil on their litigation cases about specialized legal issues requiring particularized attention both at the trial court and appellate levels. This gives her a unique perspective and depth of perception that benefits both her litigation and appellate clients.

Top Lawyers in Texas and America

Ms. O’Neil has been named to the list of Texas SuperLawyers for many years, 2011-2018, a peer-voted honor given to only about 5% of the lawyers in the state of Texas. In 2014-2018, Ms. O’Neil received the special honor of being named by Texas SuperLawyers as one of the Top 50 Women Lawyers in Texas, Top 100 Lawyers in Texas, and Top 100 Lawyers in DFW. She was named one of the Best Lawyers in America for 2016 and received an “A-V” peer review rating by Martindale-Hubbell Legal Directories for the highest quality legal ability and ethical standards.

Author and Speaker

A noted author, Ms. O’Neil released her second book Basics of Texas Divorce Law in November 2010, with a second edition released in 2013, and a third edition expected in 2015.  Her first book, All About Texas Law and Kids, was published in September 2009 by Texas Lawyer Press. In 2012, Ms. O’Neil co-authored the booklets What You Need To Know About Common Law Marriage In Texas and Social Study Evaluations.  The State Bar of Texas and other providers of continuing education for attorneys frequently enlist Ms. O’Neil to provide instruction to attorneys on topics of her expertise in the family law arena.